Zamora v. State
291 Ga. 512
| Ga. | 2012Background
- Appellant Zamora convicted of malice murder and first-degree cruelty to children in death of 19-month-old Jonathan Castillo.
- Victim appeared healthy before leaving him with Zamora; injuries included blunt head trauma and multiple prior fractures.
- Zamora fled the trailer after the morning death; arrested at a bus station en route to Mexico.
- Medical examiner testified to homicidal head injuries not caused by normal toddler activity; injuries could have progressed over hours.
- Evidence included various bruises, brain injuries, and age of arm fractures; no evidence implicating the girlfriend or her father.
- Trial defenses included challenges to sufficiency, evidentiary rulings, ineffective assistance, and right to be present during bench conferences; appellate court affirmed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of circumstantial evidence to prove guilt. | Excludes every reasonable hypothesis of innocence. | Circumstantial evidence leaves reasonable hypotheses. | Sufficient to exclude reasonable hypotheses; guilty beyond a reasonable doubt. |
| Admission of autopsy photos (pre/post-incision). | Photos improperly admitted, inflaming jurors. | Photos admissible to show material facts; waived real challenge. | Waived; admissible if relevant; no abuse of discretion. |
| Admission of bus ticket evidence. | Ticket was improperly admitted; not formally offered. | Waiver; harmless error given flight evidence. | Waived; harmless error. |
| Defense ineffective assistance claim. | Counsel failed to adequately investigate defense. | No proven prejudice from alleged deficiencies. | No prejudice shown; claim rejected. |
| Right to be present at bench conferences during juror dismissal. | Right to be present violated by absence at conferences. | Defendant effectively acquiesced; no constitutional violation. | Acquiescence found; no reversible error. |
Key Cases Cited
- Crouch v. State, 279 Ga. 879 (Ga. 2005) (circumstantial evidence sufficiency; exclude reasonable hypotheses)
- Jackson v. Virginia, 443 U.S. 307 (U.S. 1979) (reasonable-doubt standard for circumstantial evidence)
- Vega v. State, 285 Ga. 32 (Ga. 2009) (credibility determinations reserved to jury)
- Humphrey v. Lewis, 291 Ga. 202 (Ga. 2012) (materiality of exculpatory evidence; Brady analysis)
- Ward v. State, 288 Ga. 641 (Ga. 2011) (right to be present at proceedings; juror dismissal)
- Sammons v. State, 279 Ga. 386 (Ga. 2005) (right to be present during in-chambers conferences about juror issues)
- Pennie v. State, 271 Ga. 419 (Ga. 1999) (right to be present when juror questioned or removed)
- Parks v. State, 275 Ga. 320 (Ga. 2002) (limits on right to present for bench conferences involving legal/scheduling issues)