Missouri Court of Appeals, Eastern District / Dec 12, 2023
Xavier Perkins, Appellant, v. State of Missouri, Respondent.
Xavier Perkins appealed the motion court's denial of his Rule 29.15 motion for post-conviction relief, arguing his trial counsel was ineffective for failing to call an alibi witness. Perkins claimed his girlfriend would have supported his alibi that he was with her at the time of the crime. The appellate court affirmed the motion court's judgment, concluding that Perkins failed to meet his burden to prove that the witness could have been reasonably located, would have testified, or that her testimony would have been beneficial to his defense.