Benjamin v. State
322 Ga. App. 8
Ga. Ct. App.2013Background
- Benjamin was convicted of rape and kidnapping with bodily injury and sentenced to two concurrent life terms.
- Trial defense argued ineffective assistance of counsel and improper jury instruction handling.
- Victim described attacker; Benjamin matched description and was identified by the victim and a witness.
- No DNA or fingerprint evidence linked Benjamin; Benjamin voluntarily provided his DNA sample.
- Defense elected not to call Benjamin’s mother as a witness; she testified at sentencing but not at trial.
- Jury asked why Benjamin’s mother or witnesses did not testify; court gave a general instruction and did not recharge burden.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Ineffective assistance for failing to call alibi witness | Benjamin | Benjamin's mother could have provided alibi testimony | No deficient performance or prejudice; no reversible error |
| Duty to recharge burden after jury question about witnesses | Benjamin | Recharge was unnecessary or improper given full charge already given | Trial court did not abuse discretion; no need to recharge burden |
Key Cases Cited
- Strickland v. Washington, 466 U.S. 668 (U.S. 1984) (establishes Strickland standard for ineffective assistance)
- White v. State, 283 Ga. 566 (Ga. 2008) (formulates standard for evaluating ineffective assistance in Georgia)
- Fairclough v. State, 276 Ga. 602 (Ga. 2003) (witness decision is strategic; deference to counsel’s choices)
- Dickens v. State, 280 Ga. 320 (Ga. 2006) (proffer required to show prejudice from uncalled witness)
- Moore v. State, 268 Ga. App. 398 (Ga. App. 2004) (alibi testimony must exclude possibility of presence at crime scene)
- Latty v. State, 297 Ga. App. 233 (Ga. App. 2009) (prosecution and defense may comment on missing witnesses if grounded in evidence)
- Spear v. State, 270 Ga. 628 (Ga. 1999) (commentary on failure to produce witnesses permitted if based on evidence)
- Sullivan v. Sullivan, 273 Ga. 130 (Ga. 2000) (instructions must be read as a whole)
- Palmer v. State, 274 Ga. 796 (Ga. 2002) (uncalled alibi witness testimony cannot be presumed to exonerate)