McMillian v. State

Joseph McMillian appeals the denial of his post-conviction motion in which he raised three allegations of ineffective assistance of his trial counsel. We affirm the denial of two of the claims. The remaining one was not conclusively disproved by the record and therefore requires an evidentiary hearing.

McMillian was convicted of robbery with a deadly weapon, aggravated battery on a person over 65 years, and burglary of a conveyance. He complains that his attorney failed to present the testimony of alibi witness Cheryl Adams, who was listed as a defense witness. McMillian alleges that Ms. Adams…