Roseboro v. State

Moore, Justice:

Petitioner was convicted of second-degree criminal sexual conduct. After his conviction was affirmed on direct appeal, petitioner brought this action seeking postconviction relief (PCR) on the ground trial counsel was ineffective for failing to request an alibi charge. The PCR judge denied relief. We reverse.

FACTS

At trial, the victim testified she was walking home from the Star Lite Lounge when she was struck on the head from behind. She lost consciousness: When she came to she was in a nearby churchyard and a man was straddling her. She struggled with him and he raped her. The…