People v. Tate

This case presents question as to whether trial court properly dismissed defendant’s petition for post-conviction relief where said petition alleged that his trial counsel was ineffective for failing to investigate and call four witnesses to support defendant’s alibi defense to murder charge. Appellate Court, in affirming dismissal, noted that issue of counsel’s failure to call two of instant four witnesses was resolved on direct appeal and further found that affidavits of said witnesses were deficient where none of said witnesses indicated that they were available and willing to testify to content contained in their affidavits. Ct. further held that defendant failed to establish any prejudice where proposed evidence could not have overcome positive identifications of defendant made by four eyewitness to crime.