Folston v. State, 294 Ga. 778

Folston was convicted after a jury trial of malice murder, felony murder, and related offenses in the shooting death of Anthony President.
He gave a silver revolver to his drug-dealing partner Sloans and discussed taking care of a situation.
Sloans, with Stephen Smith, located President and Sloans fired multiple shots, killing President and damaging a nearby car.
Folston later told Smith not to discuss what happened.
The evidence sufficed for a reasonable jury to convict beyond a reasonable doubt.
The trial admitted Smith’s hearsay statement by Sloans about having to “go do” something, which Folston later challenged as error.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Was the evidence sufficient to support the verdict?	Folston contends insufficiency.	State argues sufficient evidence.	Evidence supported the verdict.
Whether Smith’s hearsay statement by Sloans was admissible	Folston argues admission was error.	State contends admissible as co-conspirator declaration.	Admissible; waiver procedural and merits aside, co-conspirator declaration proper.
Was trial counsel ineffective for not objecting to the hearsay admission?	Folston claims ineffective assistance.	State asserts failure to object is meritless.	No ineffective assistance shown.

Jackson v. Virginia, 443 U.S. 307 (1979) (factual sufficiency standard (sufficient evidence))
McKinney v. State, 281 Ga. 92 (2006) (co-conspirator declarations admissible after conspiracy shown)
Thorpe v. State, 285 Ga. 604 (2009) (co-conspirator statements admissible when prima facie conspiratorial case established)
Hayes v. State, 262 Ga. 881 (1993) (meritless objections do not prove ineffective assistance)
Bailey v. State, 291 Ga. 144 (2012) (waiver of hearsay issue due to no objection at trial)
Malcolm v. State, 263 Ga. 369 (1993) (concerning felony murder and related procedures)