Lawyer's Alleged Failure to Interview a Witnesses Who Would Have Corroborated the Defendent's Alibi
Trial Counsel's Alleged Ineffectiveness for Failing to Interview Witnesses Who Would Have Corroborated the Defendent's Alibi Defense was Dismissed as He Had Presented No Alibi at Trial:
In People v. Barr, 200 Ill. App. 3d 1077, 558 N.E.2d 778, 146 Ill. Dec. 815 (1990), a residential burglary prosecution, the State's undercover agent testified that he purchased stolen stereo equipment from defendant at a housing project.
Defendant testified that he had met with the agent on the day in question and sold him narcotics, but denied selling any stolen property.
Following conviction, defendant sought postconviction review, alleging trial counsel's ineffectiveness for failing to interview three witnesses who would have corroborated his alibi defense.
In affirming the dismissal of defendant's petition, the Barr court first noted that because the defendant had presented no alibi at trial there was no alibi defense for defendant's alleged witnesses to corroborate. Barr, 200 Ill. App. 3d at 1081, 558 N.E.2d at 780-81.
The court further reasoned:
"Under such circumstances, it can hardly be said that failure to call the alleged alibi witnesses constituted ineffective assistance of counsel.
Indeed, it could well be argued that trial counsel would have been incompetent had he called these witnesses as their testimony would have contradicted Barr's and all but ensured his conviction." Barr, 200 Ill. App. 3d at 1081, 558 N.E.2d at 781.