Brown v. State

Bernes, Judge.

DNA evidence showed that the elderly female victim was attacked and raped by appellant Joseph T. Brown. A DeKalb County jury convicted Brown of rape, aggravated sexual battery, and battery, and the trial court denied his motion for new trial. On appeal, Brown claims that he was denied effective assistance from his trial counsel, who did not challenge the validity of the search warrant used to secure a sample of his DNA. Brown contends that his counsel should have challenged the affidavit supporting the search warrant because it allegedly contained unlawfully obtained…