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Benham v. State, 277 Ga. 516, 591 S.E.2d 824, 04 FCDR 190

Facts

Jamerica Benham was convicted of aggravated assault against Farrah Kennemore after a physical altercation that occurred while Benham was sitting in her car with her children. The conflict arose from a history of animosity between the two women, culminating in Kennemore approaching Benham's vehicle and initiating a confrontation. During the altercation, Kennemore reached into the car and attacked Benham, who then used a box cutter to defend herself, resulting in Kennemore's injuries.

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 there was a history of animosity between Benham and Kennemore due to the fact that Kennemore's husband had fathered children with both women.

Issue

Did the trial counsel's failure to request a jury instruction on the use of force in defense of habitation constitute ineffective assistance of counsel?

Did the trial counsel's failure to request a jury instruction on the use of force in defense of habitation constitute ineffective assistance of counsel?

Rule

In order to prevail on a claim of ineffective assistance of trial counsel, a defendant must show that his trial counsel's performance fell below an objective standard of reasonableness, and that the deficiency prejudiced the defense.

In order to prevail on a claim of ineffective assistance of trial counsel, a defendant must show that his trial counsel's performance fell below an objective standard of reasonableness, and that the deficiency prejudiced the defense.

Analysis

The court determined that the evidence presented at trial clearly supported a jury instruction on the defense of habitation, as Kennemore's actions constituted an unlawful entry into Benham's vehicle in a violent manner. The court found that the trial counsel's failure to request this instruction was not a reasonable tactical decision, as it could have significantly impacted the jury's understanding of Benham's justification for her actions. The court concluded that had the jury been properly instructed, there was a reasonable probability that the outcome would have been different.

The court determined that the evidence presented at trial clearly supported a jury instruction on the defense of habitation, as Kennemore's actions constituted an unlawful entry into Benham's vehicle in a violent manner.

Conclusion

The Supreme Court reversed the decision of the Court of Appeals, holding that Benham was denied effective assistance of counsel due to the failure to request a jury instruction on the defense of habitation.

The Supreme Court reversed the decision of the Court of Appeals, holding that Benham was denied effective assistance of counsel due to the failure to request a jury instruction on the defense of habitation.

Who won?

Jamerica Benham prevailed in the case because the Supreme Court found that her trial counsel's performance was deficient and prejudiced her defense.

Jamerica Benham prevailed in the case because the Supreme Court found that her trial counsel's performance was deficient and prejudiced her defense.

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