Cornelius Tyrone Brown
v.
State of Iowa
Appellant
Cornelius Tyrone Brown
Appellee
State of Iowa
Attorney for the Appellant
Elizabeth K. Elsten
Attorney for the Appellee
Anagha Dixit, Assistant Attorney General
Court of Appeals
Court of Appeals Opinion
Opinion Number:
Date Published:
Summary
Appeal from the Iowa District Court for Black Hawk County, Joel Dalrymple, Judge. AFFIRMED. Considered by Schumacher, P.J., Langholz, J., and Carr, S.J. Buller, J., takes no part. Opinion by Langholz, J. (8 pages)
Cornelius Brown appeals the denial of postconviction relief from his second-degree sexual assault conviction. He argues that he received ineffective assistance of counsel because his counsel should have subpoenaed documents and interviewed two witnesses to more accurately portray his relationship with the victim. OPINION HOLDS: Brown has not shown that any overlooked evidence would have moved the needle toward reasonable doubt. None of the identified documents relate to, let alone contradict, the evidence showing Brown performed a sex act against the victim’s will using force creating a substantial risk of death or serious injury. Worse, his two witnesses both contradicted his trial testimony, which would have damaged his defense and credibility. So regardless of whether defense counsel breached an essential duty, Brown has not shown a reasonable probability of a different outcome in his trial.
