Moreno-Rivera v. State, 291 Ga. 336

Appellant Julio Moreno-Rivera was convicted after a jury trial of malice murder and related offenses for shooting Victor Santos and Chevo in their apartment; Victor died and Chevo survived and returned to Mexico.
On the date of the shooting, Julio lived with Victor, Erica, their three children, and Chevo; escalating disputes preceded the gunfire.
Julio waved a handgun, attempted to take the gun from Victor, then shot Victor multiple times; after reloading, he shot Chevo in the arm and the back of the head, fled, and was arrested.
Julio testified in his own defense, claiming self-defense; the record viewed in the light most favorable to the verdict supports guilt beyond a reasonable doubt.
Julio argued ineffective assistance of trial counsel for failing to investigate and prove prior violent acts by Victor and Chevo in Mexico to support his self-defense claim.
Strickland v. Washington governs ineffective-assistance claims; the court independently reviews legal principles while accepting trial-fact findings unless clearly erroneous.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Ineffective assistance of counsel for failing to investigate prior acts	Moreno-Rivera contends counsel's investigation into Mexican prior violence would have supported self-defense.	Moreno-Rivera asserts counsel was deficient for not pursuing such evidence.	No deficient performance; evidence unavailable and witness unlocatable.

Strickland v. Washington, 466 U.S. 668 (U.S. Supreme Court 1984) (ineffective-assistance standard requiring deficient performance and prejudice)
Robinson v. State, 277 Ga. 75 (Ga. 2003) (independent legal review of trial court findings)
Lytle v. State, 290 Ga. 177 (Ga. 2011) (application of Strickland standard in Georgia)
Morris v. State, 257 Ga. App. 169 (Ga. App. 2002) (unknown witness location defeats ineffective-assistance claim)
Moore v. State, 278 Ga. 397 (Ga. 2004) (cite for limitations on investigating unavailable witnesses)