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Hall v. State

Defense counsel's decision not to call defendant's mother and probation officer as alibi witnesses was trial strategy.

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Charles B. Hall, Jr., appeals his conviction for armed robbery and aggravated assault, contending that he received ineffective assistance of counsel because his attorney failed to subpoena certain alibi witnesses. For the reasons set forth below, we affirm.

Viewed in the light most favorable to the verdict, the record shows that, on the morning of September 15, 1997, Hall and a compatriot approached Deana Mahones’ car, posed as high school students, and asked for a ride to school. Mahones agreed to give them a ride, and Hall pulled a gun on her. Mahones then fled the car, which Hall stole and drove to Tuskeegee, Alabama. There, Hall led police on a high-speed chase before he was stopped and arrested for the theft. Hall’s former girl friend testified that Hall described the theft to her and asked her to cash a forged check belonging to Mahones’ boyfriend, which he had found in Mahones’ vehicle. At trial, Mahones positively identified Hall as her assailant, and Hall was convicted for one count of armed robbery and two counts of aggravated assault.

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