Benson v. State

── Benson v. State ── Court: Supreme Court of Georgia Date: May 19, 2026 Category: General NOTICE: This opinion is subject to modification resulting from motions for reconsideration under Supreme Court Rule 27, the Court’s reconsideration, and editorial revisions by the Reporter of Decisions. The version of the opinion published in the Advance Sheets for the Georgia Reports, designated as the “Final Copy,” will replace any prior version on the Court’s website and docket. A bound volume of the Georgia Reports will contain the final and official text of the opinion. In the Supreme Court of Georgia No. S26A0425 Deandra Benson v. The State On Appeal from the Superior Court of Cobb County No. 23-9-1737 Decided: May 19, 2026 MCMILLIAN, Justice. Deandra Benson appeals from his convictions for malice murder and other crimes in connection with the shooting death of Timothy Bennett. 1 Benson asserts that (1) the trial court erred by proceeding to trial without issuing a written order on his motion for immunity from prosecution; (2) the trial court erred in denying the motion for immunity from prosecution; (3) the trial court 1 The crimes were committed on February 10, 2023. In April 2023, a Cobb County grand jury indicted Benson for malice murder (Count 1), felony murder (Count 2), aggravated assault (Count 3), and possession of a firearm during the commission of a felony (Count 4). At a jury trial held in July 2024, Benson was found guilty of all counts. On August 7, 2024, the trial court sen- tenced Benson to serve life in prison for malice murder and a consecutive five- year term for possession of a firearm during the commission of a felony; the remaining counts either merged for sentencing purposes or were vacated by operation of law. Benson timely filed a motion for new trial, which was amended through new counsel in April 2025. Following a hearing, the trial court denied the motion, as amended, on August 14, 2025. Benson timely filed a notice of appeal, and his case was docketed to the term of this Court begin- ning in December 2025 and submitted for a decision on the briefs. erred in denying Benson’s motion to introduce evidence of prior bad acts committed by the victim under OCGA §§ 24-4-404 and 24-4-405; and (4) trial counsel rendered constitutionally ineffec- tive assistance by failing to request a jury instruction on justifi- cation and the use of force in defense of personal property. We conclude that Benson waived appellate review of the trial court’s failure to reduce to writing its oral ruling on the motion for im- munity from prosecution, the trial court did not abuse its discre- tion in denying the motion for immunity from prosecution or in denying Benson’s motion to introduce evidence of prior bad acts, and trial counsel was not deficient in forgoing a jury charge on defense of personal property, and so we affirm. The evidence introduced at trial showed that Benson was in a romantic relationship with Timothy’s sister, Leanna Bennett. Benson and Leanna lived together with their two young children in Cobb County. In the years leading up to the shooting, there were multiple instances of domestic disputes between Benson and Leanna. Leanna testified that Benson “got more controlling” over time, that he was verbally abusive, and that he “constantly” broke her cell phone and laptop. At times, their arguments became physical. In the fall of 2021, Benson choked her to the point that she could not breathe. Leanna briefly moved ou