Henderson v. State
| Decision Date | 05 July 2000 |
| Docket Number | No. S00A0805, No. S00A0806. |
| Citation | 532 S.E.2d 398,272 Ga. 621 |
| Parties | HENDERSON v. The STATE. Benjamin v. The State. |
| Court | Georgia Supreme Court |
OPINION TEXT STARTS HERE
Elaine T. McGruder, Atlanta, for appellant (case no. S00A0805).
Robert H. Citronberg, Atlanta, for appellant (case no. S00A0806).
Paul L. Howard, Jr., District Attorney, Christopher M. Quinn, Bettieanne C. Hart, Assistant District Attorneys, Thurbert E. Baker, Attorney General, Adam M. Hames, Assistant Attorney General, Paula K. Smith, Senior Assistant Attorney General, for appellee.
Corey Henderson was convicted of malice murder and aggravated assault and Damon Robi Benjamin was convicted of felony murder and aggravated assault in connection with the death of Vickie Cullen. These appeals followed the denial of motions for new trial brought by both defendants.1 1. Viewed in a light to uphold the verdict, we find the following: On the evening of September 1, 1992, six to eight men emerged from two vehicles in front of Vickie Cullen's apartment, and then approached the entrance of the apartment. One of them, Henderson, carried a rifle; another, Benjamin, carried a handgun.
Cullen and her boyfriend, Larry Battle, were in her bedroom. As the men entered Cullen's apartment, they encountered Chenell Elliott, a friend of Cullen, in the hallway. Benjamin put a gun to Elliott's head. The other men stood at Cullen's bedroom door and asked for "Lip," i.e., Battle, to come out.
Henderson fired the rifle through the bedroom door several times, fatally shooting Cullen in the head. The men then left.
The medical examiner testified that Cullen's wound was inconsistent with the type of wound which would have been inflicted with a handgun.
The evidence was sufficient to enable any rational trier of fact to find beyond a reasonable doubt that Henderson and Benjamin committed the crimes for which they were convicted. Jackson v. Virginia, 443 U.S. 307, 99 S.Ct. 2781, 61 L.Ed.2d 560 (1979). The credibility of the witnesses and the accuracy of their identifications were matters for the jury to determine. Peppers v. State, 261 Ga. 338, 341(7), 404 S.E.2d 788 (1991).
2. The trial court did not err in permitting Battle to testify that Henderson owned a .357 Magnum and a M-1 carbine and that Benjamin had a 9-millimeter handgun. Neither ownership nor possession of a firearm imputes bad character. OCGA §§ 16-11-129; XX-XX-XXX(c). Gomillion v. State, 236 Ga.App. 14, 16(3), 512 S.E.2d 640 (1999). Compare Moon v. State, 202 Ga.App. 500, 501, 414 S.E.2d 721 (1992) ().
3. The trial court did not abuse its discretion in refusing to grant a severance. Henderson and Benjamin did not present antagonistic defenses. Moreover, inasmuch as there were only two defendants, there was virtually no likelihood that the jury would confuse the evidence or the law, or that the evidence against one defendant would be considered against the other. See Linares v. State, 266 Ga. 812, 815(4), 471 S.E.2d 208 (1996).
4. Defendants assert that, during closing argument, the prosecutor improperly vouched for the credibility and truthfulness of two witnesses. Because defendants did not interpose a contemporaneous objection to the prosecutor's argument, we will not consider the merits of their assertion. Metts v. State, 270 Ga. 481, 484(4), 511 S.E.2d 508 (1999).
5. The fact that the jury did not specify which of the aggravated assault counts supported Benjamin's felony murder conviction is of no consequence.2 The trial court properly merged one of the aggravated assault counts with the felony murder count, and allowed the other aggravated assault counts to stand. See Thompson v. State, 263 Ga. 23, 25, 426 S.E.2d 895 (1993) (). 6. Benjamin asserts his due process rights were violated because the State waited more than four years to indict and arrest him. However, Benjamin did not show that the delay caused actual prejudice to the defense3and that it was the product of a deliberate action which was designed by the prosecution to gain a tactical advantage. Wooten v. State, 262 Ga. 876, 878(2), 426 S.E.2d 852 (1993).
7. Brady v. State, 270 Ga. 574, 575, 513 S.E.2d 199 (1999).
It cannot be said that the trial court abused its discretion in refusing to strike juror Webster for cause. Although the juror stated she "might ... possibly" have an opinion as to guilt, she...
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Braley v. State
...that concerns about her business and family "[p]robably would" interfere with her concentration and impartiality. Henderson v. State, 272 Ga. 621, 623(7), 532 S.E.2d 398 (2000). 15. The trial court did not err in refusing to excuse for cause a prospective juror who was a Special Assistant A......
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Lewis v. State, S12A0400.
...for “the purpose of prejudicing the accused.” However, possession of a firearm does not impute bad character. Henderson v. State, 272 Ga. 621, 622(2), 532 S.E.2d 398 (2000). In any event, as the State contended at trial, the .22 caliber chrome revolver was admissible because at least one wi......
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...that memories will fade, witnesses will disappear and evidence will be lost are inherent in any extended delay. [Cit.]" Henderson v. State, 272 Ga. 621 (fn.3), 532 S.E.2d 398 (2000). We conclude, therefore, that Jackson has not borne his burden of showing the actual prejudice to his defense......
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...two or more felonies served as the predicate felony of the felony murder conviction returned by the jury. See also Henderson v. State, 272 Ga. 621(5), 532 S.E.2d 398 (2000). "[I]n these circumstances, [there exists] an ambiguity which must be construed in the defendant's favor. [Cit.]" (Emp......