Whyte v. State

Tyrone 0. Whyte appeals the summary denial of his motion for post-conviction relief. We reverse.

In his motion, appellant alleged that his trial counsel was ineffective on two grounds: Counsel failed to object when the prosecutor cross-examined him at trial concerning his failure, at the time of his arrest, to tell a detective about his alibi— that he was at work at the time of the offense; and, counsel failed to object to the prosecutor’s closing remarks attacking his alibi for the same reason. The trial court, without seeking a state response, summarily denied the motion. The court failed to…