Foster v. State

Ray, Judge.

After a jury trial, Omari Foster was convicted of one count of armed robbery. At the hearing on Foster’s motion for a new trial, the trial court found that although Foster’s counsel’s performance was deficient, Foster was not prejudiced by that performance. Foster appeals, contending that his counsel was ineffective in failing to investigate and call a witness, and that the trial court erred in finding that this witness’ testimony was based upon “rumored hearsay” and *125“impeachment evidence” and thus presented no reasonable probability of a different outcome at trial. For the reasons…