In State v. Johnson, 273 Ga. App. 324 (615 SE2d 163) (2005) the Court upheld the trial court's suppression of a confession made after a police investigator untruthfully told the defendant that if she did not admit to arson he would hold her in jail for a year without bond pending trial; in fact, he could not have done so. In State v. Johnson, 280 Ga. 511 (630 SE2d 377) (2006), the Supreme Court noted that the starting point in the analysis to determine whether a trial court should have instructed the jury on a particular legal defense differs depending on whether the issue concerns the trial court's failure to give a written request submitted by the defendant or whether the trial court should have sua sponte instructed the jury on a legal defense. " Determination of whether a legal concept is a defendant's sole defense most properly relates to whether a trial court must sua sponte instruct the jury on the defense. When . . . a request for a jury instruction is submitted to the court, the preliminary question must be whether the requested charge is appropriate." Id. at 512 fn. 3. The Supreme Court noted that the starting point in the analysis to determine whether a trial court should have instructed the jury on a particular legal defense differs depending on whether the issue concerns the trial court's failure to give a written request submitted by the defendant or whether the trial court should have sua sponte instructed the jury on a legal defense. "Determination of whether a legal concept is a defendant's sole defense most properly relates to whether a trial court must sua sponte instruct the jury on the defense. When . . . a request for a jury instruction is submitted to the court, the preliminary question must be whether the requested charge is appropriate." Id. at 512 fn. 3.