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Christenson v. State

423 S.E.2d 252, 262 Ga. 638, 92 Fulton County D. Rep. 3085, 1992 Ga. LEXIS 993
CourtSupreme Court of Georgia
DecidedDecember 2, 1992
DocketS92P1078
StatusPublished
Cited by21 cases

This text of 423 S.E.2d 252 (Christenson v. State) is published on Counsel Stack Legal Research, covering Supreme Court of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Christenson v. State, 423 S.E.2d 252, 262 Ga. 638, 92 Fulton County D. Rep. 3085, 1992 Ga. LEXIS 993 (Ga. 1992).

Opinions

Fletcher Justice

In Christenson v. State, 261 Ga. 80 (402 SE2d 41) (1991), we affirmed Christenson’s conviction for murder and armed robbery, but remanded the case to the trial court for further hearing on two penalty-phase issues in this death-penalty case. Specifically, we directed the court on remand to determine (1) whether the district attorney’s questions to the defendant’s character witnesses were based on reliable information supported by admissible evidence, and (2) whether the defendant’s confession to an extrinsic crime was voluntary and admissible in this case. Id. at 90-92.

On remand, the court conducted the required hearing and set forth its detailed findings of fact and conclusions of law in a 19-page order.

1. The proceedings on remand afforded the defendant a full and fair opportunity to address the issues contemplated by our remand.

2. The record supports the findings of the remand court and its conclusion that the prosecutor’s cross-examination of the defendant’s sentencing-phase witnesses was proper and that the defendant’s confession to an extrinsic crime was properly admitted in evidence in this case.

3. As we held previously, the evidence supports the jury’s finding that the offense of murder was committed during the commission of armed robbery. OCGA § 17-10-30 (b) (2). Now that we have the benefit of the proceedings on remand, we find that Christenson’s death sentence was not imposed as the result of passion, prejudice, or other arbitrary factor. OCGA § 17-10-35 (c) (1). His death sentence is neither excessive nor disproportionate to penalties imposed in similar cases, considering both the crime and the defendant. OCGA § 17-10-35 (c) (3). The similar cases listed in the Appendix support the imposition of a death sentence in this case.

Judgment affirmed.

All the Justices concur, except Benham, J., who dissents.

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Cromartie v. State
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Lee v. State
514 S.E.2d 1 (Supreme Court of Georgia, 1999)
Whatley v. State
509 S.E.2d 45 (Supreme Court of Georgia, 1998)
Turpin v. Christenson
497 S.E.2d 216 (Supreme Court of Georgia, 1998)
Jenkins v. State
498 S.E.2d 502 (Supreme Court of Georgia, 1998)
Jones v. State
481 S.E.2d 821 (Supreme Court of Georgia, 1997)
Carr v. State
480 S.E.2d 583 (Supreme Court of Georgia, 1997)
Mobley v. State
455 S.E.2d 61 (Supreme Court of Georgia, 1995)
Medlock v. State
430 S.E.2d 754 (Supreme Court of Georgia, 1993)
Christenson v. State
423 S.E.2d 252 (Supreme Court of Georgia, 1992)

Cite This Page — Counsel Stack

Bluebook (online)
423 S.E.2d 252, 262 Ga. 638, 92 Fulton County D. Rep. 3085, 1992 Ga. LEXIS 993, Counsel Stack Legal Research, https://law.counselstack.com/opinion/christenson-v-state-ga-1992.