Supreme Court of Georgia

State v. Brown

September 20, 2022314 Ga. 588

Summary

The court vacated the trial court’s order granting Brown immunity on most charges and remanded because the record did not show whether Brown sought or was denied immunity on the armed-robbery count, or whether the trial court found that he was not committing a felony when he used deadly force. The court held that immunity required Brown to prove by a preponderance of the evidence both that his use of force was justified and that he was not attempting, committing, or fleeing from a felony. The court otherwise upheld the trial court’s factual findings supporting Brown’s self-defense claim and its application of transferred justification to the charges involving Roscoe.