GCO has filed an “amicus curiae” brief in the Supreme Court of Georgia, supporting a criminal defendant who shot and wounded a man allegedly attacking the shooter’s son. The shooter is charged with aggravated assault and other crimes associated with the shooting. He had filed a motion for immunity on self defense grounds. The motion was denied on the grounds that there were disputes of fact and the state needed to do more investigation. The shooter appealed to the court of appeals, which dismissed the appeal on the grounds that it should not have taken the case in the first place. The shooter now is asking the Supreme Court of Georgia to take his case. GCO is not taking a position in the man’s defense, but is taking the position that anyone who moves for immunity is entitled to a meaningful hearing at which the trial court makes findings of fact and conclusions of law. GCO’s brief may be found here.
