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Green v. State

Supreme Court of Georgia
470 S.E.2d 884 (1996)


Facts

During an argument between Bernard William Green (defendant) and his wife, Cynthia Grant, one of Grant’s teenage children hit Green on the head with a mop. Grant then threw an empty barbeque bottle at Green. Shortly thereafter, Green stabbed Grant in the back with a knife. After being approved to leave the hospital a week later, Grant suddenly died of a stress ulcer. Green was charged with felony murder. At trial, there was conflicting expert testimony regarding whether the stab wound or the pain killing drug Toradol caused the stress ulcer resulting in Grant’s death. The state’s pathologist testified that there was a direct relationship between the stabbing and its treatment and Grant’s death from the bleeding ulcer. The pathologist concluded that the stab wound caused the stress and that Grant would not have been given the Toradol if she had not been stabbed. Green’s expert witness testified that it was the ulcer alone which caused Grant’s death. Grant was convicted of felony murder and he appealed.

Rule of Law

The rule of law is the black letter law upon which the court rested its decision.

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Issue

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Holding and Reasoning (Fletcher, J.)

The holding and reasoning section includes:

  • A "yes" or "no" answer to the question framed in the issue section;
  • A summary of the majority or plurality opinion, using the CREAC method; and
  • The procedural disposition (e.g. reversed and remanded, affirmed, etc.).

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