Legal Opinion
Benham v. State
Supreme Court of Georgia
Decided January 12, 2004No. S03G1015PublishedCited by 53 opinions
1Opinion of the Court
Thompson, Justice.
In this granted certiorari, we hold that Jamerica Benham was denied constitutionally effective assistance of trial counsel by counsel’s failure to request a jury instruction on the use of force in defense of habitation as provided in OCGA § 16-3-23. To the extent that the Court of Appeals ruled otherwise in Benham v. State, 260 Ga. App. 243 (5) (b) (581 SE2d 586) (2003), that case is hereby reversed.
Benham was convicted of the aggravated assault of Farrah Kennemore and was sentenced to serve ten years in prison plus ten years on probation. The trial evidence showed that…
2Cases cited5 opinions
- Strickland v. WashingtonSupreme Court of the United States · 1984
- Braithwaite v. StateSupreme Court of Georgia · 2002
- Doctor v. StateSupreme Court of Georgia · 2002
- Stanford v. StewartSupreme Court of Georgia · 2001
- Benham v. StateCourt of Appeals of Georgia · 2003
3Cited by53 opinions
- Coleman v. StateSupreme Court of Georgia · 2009
- Henderson v. StateSupreme Court of Georgia · 2009
- Barrett v. StateSupreme Court of Georgia · 2012
- Kennebrew v. StateSupreme Court of Georgia · 2016
- Hill v. StateSupreme Court of Georgia · 2012
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