Here is the link to the judge's ruling on the 2009 hearing confirming the State's position that the gunshot was first (with the fabulous Dr. Horne on board, despite his later denials):
http://www.courtminutes.maricopa.gov...9/m3846408.pdf
It says among other things that the State's position was that the gunshot was first and may or may not have rendered the victim unconscious, and the victim did not remain unconscious based on the location of blood-spatter evidence in the bathroom sink and blood in the hallway. The blood in the sink was consistent with what would have happened after the gunshot to the face.
They changed their position to gunshot last when Jodi came up with her self-defense story. Martinez had Dr. Horne testify about the frontal lobe, immediate incapacitation, blah blah blah in support of the gunshot being last, then was forced to abandon that at the last minute when Horne was outed on the dura being intact.