SUPREME COURT OF GEORGIA
Case No. S26I0041 September 10, 2025 The Honorable Supreme Court met pursuant to adjournment. The following order was passed:
JASON DOAN HO v. THE STATE.
Applicant Jason Ho was charged with murder and other crimes in connection with the shooting death of Zy'Keivion Porter. Before trial, Ho moved for immunity from prosecution under OCGA § 16-3- 24.2, which provides, among other things, that a person is "immune from prosecution" if he uses deadly force in a way that meets the statutory definition of self-defense. That self-defense definition, in turn, holds that a person is justified in using deadly force if he
"reasonably believes that such force is necessary to prevent death or great bodily injury to himself or herself or a third person or to prevent the commission of a forcible felony." OCGA § 16-3-21(a). The trial court denied Ho's immunity motion after an evidentiary hearing. The court stated: "The Defendant is not presumed to be guilty of the charges pending against him. The Court's ruling is limited to the fact that there is sufficient evidence to find the defendant guilty or not guilty of the pending charges. The case may go to trial." It is not clear from this language what legal standard the trial court applied, but it does not reflect the governing legal standard for such motions. "To prevail on a motion for immunity [under OCGA § 16-3-24.2 and OCGA § 16-3-21(a)], the defendant must show by a preponderance of the evidence that she acted in self-defense." Whisnant v. State, __ Ga. __, S25A0523, slip
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op. at 16 (Aug. 12, 2025). See also Russell v. State, 319 Ga. 556, 560 (2024); Mathis v. State, 309 Ga. 110, 114 (2020). The application for interlocutory review is granted, the judgment is vacated, and the case is remanded for the trial court to apply the governing legal standard.
Application granted, judgment vacated, and case remanded. All the Justices concur.
SUPREME COURT OF THE STATE OF GEORGIA Clerk's Office, Atlanta I certify that the above is a true extract from the minutes of the Supreme Court of Georgia.
Witness my signature and the seal of said court hereto affixed the day and year last above written. , Clerk