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Martin v. State

267 Ga. App. 28 (Ga. Ct. App. 2004)
Martin v. State

6 Citing cases

  1. Ward v. State

    646 S.E.2d 745 (Ga. Ct. App. 2007)   Cited 1 times

    (Citation and punctuation omitted.) Martin v. State, 267 Ga. App. 28, 32 (2) ( 598 SE2d 828) (2004). As a result, we will not disturb the decision of the trial judge to admit the fluid samples.

  2. Keith v. State

    279 Ga. App. 819 (Ga. Ct. App. 2006)   Cited 14 times
    Holding that a magistrate's official actions were valid until he was later removed from office for misconduct

    A conviction will not be reversed for ineffective assistance of counsel unless "counsel's conduct so undermined the proper functioning of the adversarial process that the trial cannot be relied on as having produced a just result."Martin v. State, 267 Ga. App. 28, 30 (1) ( 598 SE2d 828) (2004). Id.

  3. Brown v. State

    617 S.E.2d 227 (Ga. Ct. App. 2005)   Cited 7 times

    See generally Livingston v. State, 268 Ga. 205, 212 (5) ( 486 SE2d 845) (1997) (considering the sufficiency of the evidence without inadmissible hearsay); Phagan v. State, 268 Ga. 272, 277 (3) (b) ( 486 SE2d 876) (1997) (when determining whether the evidence presented was sufficient to authorize a jury to conclude beyond a reasonable doubt that the defendant was guilty of the crime charged, evidence wrongfully admitted due to lack of authentication may be considered). See Jackson v. Virginia, supra; Martin v. State, 267 Ga. App. 28, 32 (3) ( 598 SE2d 828) (2004). 2.

  4. Howard v. State

    267 Ga. App. 257 (Ga. Ct. App. 2004)   Cited 4 times

    Such tactical decision, even if unwise, generally does not amount to ineffective assistance. See Martin v. State, 267 Ga. App. 28 (1) ( 598 SE2d 828) (2004). See McMorris v. State, 263 Ga. App. 630, 634 (2) (a) ( 588 SE2d 817) (2003).

  5. Simpson v. the State

    289 Ga. 685 (Ga. 2011)   Cited 12 times
    Noting that the state and federal probable-cause standards are substantially similar

    ]” Pruitt v. State, 258 Ga. 583, 588(13), 373 S.E.2d 192 (1988). Because the requested charge is an incorrect statement of the law, see Martin v. State, 267 Ga.App. 28, 31, 598 S.E.2d 828 (2004), it cannot be said that the trial court erred in failing to give the requested charge. 7.

  6. Cook v. State

    338 Ga. App. 489 (Ga. Ct. App. 2016)   Cited 12 times
    Holding that, in context of forcible rape, that victim’s "testimony that she was in and out of consciousness when [defendant] had sexual intercourse with her was sufficient"

    Trial counsel testified that his failure to request the removal of this juror was strategic, and Cook has not overcome the strong presumption that trial counsel's actions constituted reasonable professional assistance.Martin v. State , 267 Ga.App. 28, 30, 598 S.E.2d 828 (2004). See Higginbotham v. State , 287 Ga. 187, 191 (5) (a), 695 S.E.2d 210 (2010) (trial counsel did not render ineffective assistance when he failed to request removal of juror who was “pretty sure” he knew the father of murder victim where juror did not meet the qualification for dismissal for cause); Stephens v. State , 224 Ga.App. 184, 186, 480 S.E.2d 235 (1997) (counsel did not render ineffective assistance where, as a matter of strategy, counsel declined to strike juror who knew defendant).