Georgia Court of Appeals Upholds Rape Conviction, Citing Gwinnett Prosecutors’ Precedent

A recent ruling by the Georgia Court of Appeals in Martinez-Gaspar v. State affirmed a rape conviction, citing legal precedents established in earlier appellate cases argued by two prominent prosecutors from the Gwinnett County District Attorney’s Office.

The appellate decision, A25A0667 (April 17, 2025), referenced the Georgia Supreme Court decisions in Gallegos-Munoz v. State, where Chief Assistant District Attorney John Melvin argued for the State, and State v. Almanza, argued for the State by Executive Assistant District Attorney Michael Scott Carlson. The Martinez-Gaspar v. State ruling also cited Carlson on Evidence, a respected legal treatise co-authored by Carlson and his father, Professor Ronald L. Carlson.

The Martinez-Gaspar v. State case involved an appeal by Gillermo Martinez-Gaspar, who was convicted by a Forsyth County jury in September 2023 of rape and providing alcohol to a minor, receiving a sentence of 25 years in prison followed by life on probation. The appeal addressed issues concerning impeachment by prior inconsistent statements, hearsay, and preliminary questions regarding the admissibility of evidence.

In its decision, the Court of Appeals referenced the earlier cases and Carlson on Evidence, stating: “Whether the statement was inconsistent with the victim’s in-court testimony was a matter for the trial court to decide. ‘[T]he trial court … has a gatekeeping role under the 2013 Evidence Code in addressing preliminary questions about what evidence reaches the jury.’ Gallegos-Munoz v. State, 319 Ga. 803, 816 (2) (e) (906 SE2d 711) (2024). One aspect of that role is encompassed in OCGA § 24-1-104 (‘Rule 104’), which ‘closely adheres to its federal counterpart. …’ Ronald L. Carlson & Michael Scott Carlson, Carlson on Evidence 37 (8th ed. 2023). See Gallegos-Munoz, 319 Ga. at 816-817 (2) (e). See generally State v. Almanza, 304 Ga. 553, 556 (2) (820 SE2d 1) (2018).”

Gwinnett District Attorney Patsy Austin-Gatson praised the Court of Appeals’ decision and the recognition of the significant legal contributions made by Melvin and Carlson. “We are pleased that the Georgia Court of Appeals cited cases where the legal arguments were made by John Melvin and Mike Carlson, as well as the important legal work that Mike and his father, Professor Ronald L. Carlson, continue to do with Carlson on Evidence,” Austin-Gatson said.

The Martinez-Gaspar v. State opinion was authored by Presiding Judge Christopher J. McFadden, with Judges Kenneth (Ken) Bryant Hodges, III and Trea Pipkin concurring.