Section 3.20 Alibi and State’s Witnesses
Library | Criminal Practice 2012 Supp |
B. (§3.20) Alibi and State’s Witnesses
There are some cases that indicate that the failure to interview the alibi witness can constitute “ineffective assistance of counsel.” See Thomas v. State, 516 S.W.2d 761 (Mo. App. W.D. 1974). Thomas has been cited and approved in Perkins-Bey v. State, 735 S.W.2d 170, 171–72 (Mo. App. E.D. 1987), and State v. Hayes, 785 S.W.2d 661, 664 (Mo. App. W.D. 1990). But there have been several distinctions made to Thomas. In Owens v. State, 610 S.W.2d 706 (Mo. App. E.D. 1981), an attorney spoke with a witness and determined that witness testimony would not amount to a defense. In Pogue v. State, 750 S.W.2d 497 (Mo. App. W.D. 1988), the failure to produce or interview was a matter of trial strategy and not negligence, inactivity, or ineffective assistance of counsel.
The failure to interview state’s witnesses can also amount to “ineffective assistance of counsel.” See Thomas v. Wyrick, 535 F.2d 407 (8th Cir. 1976); McQueen v. Swenson, 498 F.2d 207 (8th Cir. 1974).
See Eldridge v. Atkins, 665 F.2d 228, 235–36 (8th Cir. 1981), which stated:
A competent lawyer’s duty is to utilize every voluntary effort...
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- Section 3.1 Client Contact
- Section 3.2 Initial Interview
- Section 3.3 Procedure for Initial Interview
- Section 3.4 Specific Problems
- Section 3.5 “Get Me Off”
- Section 3.6 Loss Leaders
- Section 3.7 Retainers
- Section 3.8 Shoppers
- Section 3.9 Referrals
- Section 3.10 Family and Friends
- Section 3.11 Offense Charged
- Section 3.12 Obtaining the Facts
- Section 3.13 Details of Arrest
- Section 3.14 The Fee
- Section 3.15 Initial Interview Notes (How)
- Section 3.16 Explaining the Charge
- Section 3.17 Do You Ask Client About “Guilt”?
- Section 3.18 Investigation and Marshalling of Facts
- Section 3.19 Witnesses
- Section 3.20 Alibi and State’s Witnesses
- Section 3.21 Facts
- Section 3.22 Investigation of Client
- Section 3.23 Experts
- Section 3.24 Fingerprints, Blood Samples, Hair, or Other Micro- or Spectrographic Analysis Required
- Section 3.25 Polygraph
- Section 3.26 Lineup
- Section 3.27 Photographic Identification
- Section 3.28 Client Interview
- Section 3.29 Right to Counsel
- Section 3.30 Advising the DWI Client
- Section 3.31 Bibliography Regarding DWI
- Section 3.32 Client Interview
- Section 3.33 Contract (Traffic Cases)
- Section 3.34 Contract (All Criminal Cases)
- Section 3.35 Affidavit of Guarantee
- Section 3.36 Bond Assignment
- Section 3.37 Initial Interview (DWI Cases)
- Section 3.38 General Affidavit of Authorization
- Section 3.39 Entry of Appearance
- Section 3.40 Office Procedure Form Letter
- Section 3.41 Waiver of Preliminary Hearing
- Section 3.42 Petition to Enter Guilty Plea
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