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Alibi Witness Excluded Due to Lack of Notice

A person hoping to rely upon an alibi defense in a criminal case should be aware that the state may be entitled to pre-trial notice of any witnesses the defense intends to use to establish it. This allows the state a fair opportunity to investigate the claim. Generally, an accused does not have to disclose his or her defense before trial, or disclose what witnesses will be called. But alibi is an exception, when relying upon witnesses other than the defendant to establish it. Under the Tennessee Rules of Criminal Procedure, when the state specifically requests notice of an alibi defense, a defendant is required to provide notice, or risk not being allowed to present those witnesses at trial. In the recent case of State v. Harding, M2011-00597-CCA-R3-CD (Tenn.Crim.App. 1-25-2013), a defendant was not allowed to present an alibi witness, due to failing to provide the requested notice about the intent to use that witness.

Alibi Witness Excluded Due to Lack of Notice

A person hoping to rely upon an alibi defense in a criminal case should be aware that the state may be entitled to pre-trial notice of any witnesses the defense intends to use to establish it. This allows the state a fair opportunity to investigate the claim. Generally, an accused does not have to disclose his or her defense before trial, or disclose what witnesses will be called. But alibi is an exception, when relying upon witnesses other than the defendant to establish it. Under the Tennessee Rules of Criminal Procedure, when the state specifically requests notice of an alibi defense, a defendant is required to provide notice, or risk not being allowed to present those witnesses at trial. In the recent case of State v. Harding, M2011-00597-CCA-R3-CD (Tenn.Crim.App. 1-25-2013), a defendant was not allowed to present an alibi witness, due to failing to provide the requested notice about the intent to use that witness.

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