Smith v. Neal

ORDER

Kevin Smith, an Indiana prisoner, was convicted after a jury found him guilty of rape, criminal deviate conduct, criminal confinement, and sexual battery. He was sentenced to 58 years’ imprisonment. At trial Smith claimed to have had a consensual sexual encounter with the victim, but *799testified that during the afternoon of the offense he was running errands with his son. Defense counsel presented no witnesses to corroborate Smith’s testimony. Smith asserted in state post-conviction proceedings that counsel was ineffective for not investigating and calling alibi witnesses. The last state…