Not Calling a Witness Who Could Have Contradicted the Timing of the Murder
In Evans v. State, 995 So. 2d 933, 943 (Fla. 2008), the defendant raised ineffective assistance of counsel because trial counsel failed to call witnesses Evans alleged could have contradicted the State's timing of the murder. Evans, 995 So. 2d at 943.
At the evidentiary hearing, one of the witnesses testified that they had all been drunk the evening of the murder but he believed that the shots occurred between 9:30 and 10:00 p.m. Id.
The witness also stated that he had injured his neck in an accident after the crime but before the trial and had experienced memory lapses since then. Id.
The court ruled that counsel was not ineffective for not calling the witnesses because both had questionable credibility. Id.