Couch v. State, 326 Ga. App. 207

On Sept. 19, 2003, an 11-year-old girl (I.H.) awoke to find a man forcibly on top of her, held by the hands, and penetrated; she immediately reported the assault.
The assailant initially was misidentified by I.H., but seminal fluid on the victim's clothing later matched Couch's DNA.
Couch was seen near the house shortly after the assault and one of his shirts was found inside the residence.
Couch was prosecuted and convicted of rape, child molestation, false imprisonment, and burglary; he appealed the convictions.
Couch moved to suppress DNA evidence obtained by the State via a search warrant for a saliva sample; the warrant application relied on files and findings from the original investigator, including a prior blood-sample DNA match.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Sufficiency of the evidence for convictions	State: Evidence (victim testimony, DNA match, sightings, clothing) proves elements beyond a reasonable doubt	Couch: Evidence insufficient to support convictions	Court: Viewing evidence favorably to prosecution, a rational trier of fact could find guilt beyond a reasonable doubt; convictions affirmed
Admissibility of DNA obtained under warrant	State: Warrant based on original investigator's file and prior DNA match provided probable cause	Couch: Magistrate lacked probable cause; warrant affidavit relied on hearsay and was inadequate	Court: Affidavit provided a substantial basis for probable cause; warrant valid; suppression denied

Jackson v. Virginia, 443 U.S. 307 (standard for reviewing sufficiency of the evidence)
State v. Palmer, 285 Ga. 75 (magistrate's probable-cause practical, common-sense inquiry)
Deal v. State, 199 Ga. App. 184 (hearsay may support a warrant if substantial basis exists to credit it)
Glenn v. State, 288 Ga. 462 (appellate review focuses on whether substantial basis supported magistrate's probable-cause determination)