James v. State

PREWITT, Chief Judge.

Movant sought to vacate convictions and sentences for felony stealing and assault occurring in Springfield. His motion under Rule 27.26 claimed “Ineffective assistance of Counsel: failure to investigate alibi defense.”

At the hearing on his motion movant testified that he told his attorney before the trial that he was in Texas at the time the offenses charged occurred. His trial attorney testified that he did not recall whether he had been told that, but said that movant had not provided him with the names of alibi witnesses. The trial judge made findings stating he did…