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BENHAM v. STATE

No. S03G1015.

591 S.E.2d 824 (2004)

277 Ga. 516

BENHAM v. The STATE.

Supreme Court of Georgia.

January 12, 2004.

Attorney(s) appearing for the Case

Vaughan & Evans, Donald C. Evans, Jr., Lance T. McCoy, Cartersville, for appellant.

Leigh E. Patterson, Dist. Atty., Mary Beth Gregoire, Asst. Dist. Atty., for appellee

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 S.E.2d 586

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