State v. Johnny Moffitt

OPINION

DAVID G. HAYES, Judge.

This appeal presents the post-conviction claim of ineffective assistance of counsel. In 1989, a Henderson County jury found the appellant, Johnny Moffitt, guilty of first degree murder and shooting into a dwelling. 1 His convictions and sentences were affirmed by this court on direct appeal. 2 In 1993, the appellant filed the instant post-conviction petition alleging that “the failure of the trial court to instruct on the defense of alibi constituted a denial of federal and state due process and was the result of ineffective assistance of counsel.” The…