No. 19-6524

Franklin Elliott Benson v. Aimee Smith, Warden

Lower Court: Eleventh Circuit
Docketed: 2019-11-06
Status: Denied
Type: IFP
Response WaivedIFP
Tags: actus-reus civil-rights constitutional-rights corpus-delicti criminal-murder criminal-procedure due-process evidence ineffective-assistance-of-counsel jury-instructions standing venue venue-challenge
Latest Conference: 2020-01-10
Question Presented (from Petition)

Whether, for the element of "causing the death" an essential element of malice murder in Georgia O.C.G.A. 16-5-1(a), the indictment which accused the Petitioner of causing the death and Pyhesm New York H3AUS. 147 Schad v Arizona 501 U.S. 624?

Did the burden vest with the State to prove beyond a Reasonable doubt that the accused caused the death of the victim?

Did the state inform the court that causation did not apply in this case (Tr 1347 1348)?

Did the State fail to present evidence which proved beyond a Reasonable doubt that Petitioner caused the death?

Did the Court instruct the jury that the presence of the defendant at the scene of the crime is an essential element? (Tr 1459)

Did the State fail to present evidence which proved beyond a Reasonable doubt that the Petitioner was present at Crime Scene?

Did Petitioner receive fair trial when he was convicted of offense without a jury being required to find proof of essential element causing the death of the Victim?

Did the Supreme Court of the United States Rules Accordingly?

Did the court rule in Smith v Smith that as Being an element of the crime the State must prove beyond a reasonable doubt defendant's Presence at the Commission of offense?

Did the State bear the burden of proving the actus rea for each offense charged?

Did the State fail to prove actus rea beyond a reasonable doubt for each offense charged? Presence at the Crime Scene, Causing the death, Removing body parts from the Scene of death and concealing the death of another human being.

Did the United States Supreme Court rule in Bergerd v US. 78 82~ DALE 1314 'Allegations of an indictment and proof of Form must correspond'?

Did the State fail to present proof at trial which corresponded with the allegations in the Newton County indictment?

Did the state claim and inform the Jury that the offenses occurred in Dekalb County rather than indicted county where trial held? (Tr 4.31)

Did Georgia Statute O.C.G.A. 8 (7-9-1 permit the accused Petitioner to raise a Claim of Void Judgment in any Court ever when no previously Raised?

Did trial counsel Fail to provide effective assistance at trial by Failing to challenge lack of venue after State announced to the jury that venue was not in Newton County Georgia? (Tr 1314)

Did trial Counsel Fail to provide effective assistance at trial by Failing to object to full courtroom Closure? Owentv United States 507 Supp 2A 570 577 United States v Guph 1944 F 3d 82 684

Did the State inform the jury that 'there was no evidence that suggested that the accused Petitioner dismembered the victim's body or Killed her at the Highway Hd location, In all likelihood though Leslyan Williams was Killed in DeKalb county'? (GT 113 nes 4-4)

Did the trial Court instruct the Jury: The law Provides that Criminal actions Shall be tried and indicted in the county in which the crime was committed'? (CTT 1456) Tones v State H4GA 0).

Did Appellant counsel fail to Provide effective assistance Where he Failed to present Viable claim of error at Motion for New Trial but Raised claim at direct appeal with procedural bar for Filing no notice claim at Motion for New Trial.

Di

Question Presented (AI Summary)

Whether the element of 'causing the death' is an essential element of malice murder in Georgia under O.C.G.A. 16-5-1(a), and whether the burden was on the State to prove beyond a reasonable doubt that the accused caused the death of the victim

Docket Entries

2020-01-13
Petition DENIED.
2019-12-05
DISTRIBUTED for Conference of 1/10/2020.
2019-12-02
Waiver of right of respondent Aimee Smith to respond filed.
2019-11-04
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due December 6, 2019)
2019-08-09
Application (19A150) granted by Justice Thomas extending the time to file until November 2, 2019.
2019-07-31
Application (19A150) to extend the time to file a petition for a writ of certiorari from September 3, 2019 to November 2, 2019, submitted to Justice Thomas.

Attorneys

Aimee Smith
Andrew Alan PinsonOffice of the Georgia Attorney General, Respondent
Franklin E. Benson
Franklin Elliott Benson — Petitioner