Bennett v. State

Defense counsel was deficient for failing to admit evidence of the victim's prior conviction for family violence aggravated assault in presenting the defendant's justification defense.

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

A jury found John Anthony Bennett guilty of aggravated battery, two counts of aggravated assault, and cruelty to children based on an incident in which he beat his girlfriend’s ex-husband with a pipe, but claimed self-defense.1 Bennett appeals from the trial court’s denial of his motion for new trial, alleging i that his trial counsel was ineffective in failing to introduce evidence of the victim’s prior violent acts and reputation for violence and ii that the trial court erred in refusing to grant him a new trial based on newly-discovered evidence that the victim had a gun at the time of the incident. Because a reasonable probability exists that the outcome of the trial would have been different had jurors been able to consider a prior act of violence committed by the victim in evaluating Bennett’s justification defense, we reverse. 1. In Chandler v. State , the Supreme Court of Georgia held that evidence of specific acts of violence by a victim against a third person may be admissible when the defendant claims justification.2 In order to admit evidence of the victim’s violent acts against a third person, the defendant must, among other things, make a prima facie showing that in the incident being tried, the victim was the aggressor, the victim assaulted him, and he was honestly trying to defend himself.3 The same showing must be made in order for the defendant to introduce evidence of the victim’s general reputation for violence.4

We disagree with the state’s assertion that Bennett would have been unable to make a prima facie showing of justification. The evidence at trial showed that on January 2, 2003, the victim, Timmy Gerard Johnston, returned his six-year-old son to the residence of his ex-wife, Felicia Reid Johnston. While driving away from the residence, Mr. Johnston testified that he saw Bennett, who had been living with Ms. Johnston, strike Ms. Johnston outside the residence.5 Mr. Johnston immediately returned to the residence, where Bennett was packing his belongings into the trunk of his car.

Bennett v. State

Defense counsel was deficient for failing to admit evidence of the victim's prior conviction for family violence aggravated assault in presenting the defendant's justification defense.

Share with Email

Thank you for sharing!

Trending Stories

More From ALM

Subscribe to Daily Report