MARTIN v. McLAUGHLIN, 298 Ga. 44

Martin was convicted in Dawson County (2006) of aggravated sexual battery, aggravated child molestation, and child molestation; convictions were affirmed on direct appeal (Martin v. State).
He filed a habeas petition asserting ineffective assistance of appellate counsel for failing to raise on direct appeal that the State failed to prove venue in Dawson County.
Venue is a jurisdictional fact the State must prove beyond a reasonable doubt; on appeal evidence is reviewed in the light most favorable to the verdict.
In habeas proceedings Martin submitted trial transcripts but did not submit an admitted trial exhibit: a video-recorded interview of the victim that might have borne on venue.
The partial record included testimony: a Dawson County investigator was dispatched to the victim’s home, the victim’s father placed the victim’s home across the line from a restaurant in Pickens County, and the 13‑year‑old victim responded that her house was “in Dawsonville.”

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether appellate counsel was ineffective for not raising venue on direct appeal	Martin: appellate counsel erred by not challenging sufficiency of venue proof; a successful challenge would have changed the appeal outcome	State: evidence (including officer's jurisdictional testimony and victim/father statements) and missing trial exhibit make Martin’s claim unsupported	Held: No ineffective assistance — any venue challenge would have failed on the record Martin produced; habeas denial affirmed
Whether the State proved venue beyond a reasonable doubt at trial	Martin: State failed to prove the crimes occurred in Dawson County	State: testimony supported a reasonable jury finding venue in Dawson County (investigator’s employment, victim’s reference to "Dawsonville," father’s location testimony)	Held: Sufficient evidence when viewed in light most favorable to verdict to permit a rational jury to find venue beyond a reasonable doubt
Whether Martin’s failure to include the admitted video exhibit in habeas record defeats his claim	Martin: (implied) exhibit would not cure venue insufficiency or was unnecessary	State: Martin failed to carry habeas burden by omitting the exhibit; ambiguous/silent record favors denial	Held: Omission fatal — habeas petitioner bears burden; a silent/ambiguous record does not satisfy it

Thompson v. Brown, 288 Ga. 855 (ineffective-assistance-of-appellate-counsel standard)
Jones v. State, 272 Ga. 900 (standard for venue review; disapproving "any evidence" rule)
Jackson v. Virginia, 443 U.S. 307 (standard for sufficiency of the evidence review)
Pruitt v. State, 279 Ga. 140 (venue generally a question for the jury)
Chapman v. State, 275 Ga. 314 (relying on official’s testimony as proof of territorial jurisdiction)
Lejeune v. McLaughlin, 296 Ga. 291 (habeas petitioner bears burden of proof)
Humphrey v. Walker, 294 Ga. 855 (silent or ambiguous record insufficient for habeas relief)
Browner v. State, 296 Ga. 136 (ambiguities in evidence resolved by the jury)