Martinez v. State, 289 Ga. 160

Idalecio Gallegos was shot and killed in a Publix parking lot during a car show on August 5, 2007.
Martinez was identified as the shooter by two eyewitnesses, Adams and Brake, who saw a Hispanic man in a silver Honda Civic flee the scene.
Police recovered a 9mm bullet consistent with a Ruger/Browning/Barreta 9mm pistol from the victim; Martinez was later stopped in a car pursuit and arrested.
Martinez did not testify; defense presented witnesses claiming Fumes, not Martinez, shot the victim.
The jury convicted Martinez of malice murder and possession of a firearm during a crime; the trial court sentenced him to life plus five years.
On appeal, Martinez challenged sufficiency of the evidence and claimed ineffective assistance of counsel.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Sufficiency of the evidence	Martinez argues the State's evidence is insufficient due to defense witnesses and inconsistencies.	State contends the jury correctly weighed evidence and credibility to convict.	Evidence sufficient for reasonable jurors to convict beyond reasonable doubt.
Preservation of ineffective-assistance claims	Martinez argues trial counsel was ineffective (identifications and arrest evidence).	State asserts claims were not raised on motion for new trial and thus not appealable.	Claims not raised on motion for new trial are not reviewable on appeal.
Possibility of admissible testimony from absent witness	Johnson would testify that Fumes confessed, possibly changing outcome.	Hearsay would be admissible only with persuasive assurances of trustworthiness; Johnson unlikely admissible.	Johnson's testimony would not have been admissible or would not have altered the outcome; prejudice not shown.
Prejudice prong of Strickland	If Johnson testified, there would be reasonable probability of a different result.	Proponent fails to show Johnson's testimony would be admissible and credible.	Defense failed to demonstrate prejudice; no ineffective assistance established.

Jackson v. Virginia, 443 U.S. 307 (U.S. Supreme Court, 1979) (juror verdicts must be supported by sufficient evidence)
Strickland v. Washington, 466 U.S. 668 (U.S. Supreme Court, 1984) (standard for ineffective assistance of counsel)
Hampton v. State, 272 Ga. 284 (Ga. 2000) (credibility and evidentiary conflicts resolved by factfinder)
Inman v. State, 281 Ga. 67 (Ga. 2006) (hearsay exceptions require trustworthy indicia and critical defense relevance)
Chambers v. Mississippi, 410 U.S. 284 (U.S. Supreme Court, 1973) (reliability requirements for hearsay exceptions in critical defenses)
Drane v. State, 271 Ga. 849 (Ga. 1999) (limits on admissibility of certain corroborative testimony)
Columbus v. State, 270 Ga. 658 (Ga. 1999) (prejudice analysis when key witness is unavailable)
Green v. Georgia, 442 U.S. 95 (U.S. Supreme Court, 1979) (addressing trustworthiness of out-of-court statements)