Preview:

IN THE COURT OF APPEALS OF IOWA No. 1-800 / 10-0740 Filed November 23, 2011 RALEIGH BROWN, Applicant-Appellant, vs. STATE OF IOWA, Respondent-Appellee. ________________________________________________________________

Appeal from the Iowa District Court for Scott County, Charles H. Pelton, Judge.

A postconviction relief applicant contends that his attorneys rendered ineffective assistance in failing to properly challenge the sufficiency of the evidence to support his conviction. AFFIRMED.

Jack E. Dusthimer, Davenport, for appellant. Thomas J. Miller, Attorney General, Sharon K. Hall, Assistant Attorney General, Michael J. Walton, County Attorney, and Jerald L. Feuerbach, Assistant County Attorney, for appellee State.

Considered by Vaitheswaran, P.J., and Potterfield and Doyle, JJ. Tabor, J., takes no part.

2 VAITHESWARAN, P.J. Raleigh Brown was charged with and found guilty of first-degree burglary and other crimes in connection with his entry into his girlfriend's apartment and a subsequent assault. He appealed, raising several issues, including a claim that the evidence was insufficient to support the elements of first-degree burglary. His appellate attorney moved to withdraw pursuant to Iowa Rule of Appellate Procedure 6.104.1 The Iowa Supreme Court granted the motion, concluding

Brown's appeal was "frivolous." Brown filed an application for postconviction relief, alleging in part that the State did not prove he lacked "permission or authority to remain in the residence," as the jury was instructed. See Iowa Code

Download RALEIGH BROWN, Applicant-Appellant, vs. STATE OF IOWA, Respondent-Appellee..pdf

Iowa Law