State v. Jacobs

DAUKSCH, Judge.

This is an appeal from an order granting post-conviction relief in a murder trial. Ap-pellee alleged ineffective assistance of counsel and the trial judge granted a new trial. We reverse the decision and remand the ease for reinstatement of the judgment and sentence.

We agree with appellant’s argument that the decision by the trial attorney not to call certain purported alibi witnesses was a tactical decision. That decision was made by the lawyer after consideration of the conflicts in the stories of the witnesses and after the lawyer assessed the possible negative impact on the…