Can a defendant rely on a defense of alibi that includes the names and addresses of his alibi witnesses?

California, United States of America


The following excerpt is from Izazaga v. Superior Court, 285 Cal.Rptr. 231, 54 Cal.3d 356, 815 P.2d 304 (Cal. 1991):

[54 Cal.3d 393] In Wardius v. Oregon (1973) 412 U.S. 470, 93 S.Ct. 2208, 37 L.Ed.2d 82, the court revisited the question of prosecutorial discovery. Oregon had a statutory notice-of-alibi rule. The rule required a defendant who intended to rely on a defense of alibi to disclose to the state both his whereabouts at the time of the offense and the names and addresses of his alibi witnesses. By contrast, it did not require any responsive disclosures to the defendant by the state. The court struck down the rule as violative of the due process clause of the Fourteenth Amendment.

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