Does a defendant have to notify the prosecution of an alibi before the prosecution can obtain discovery evidence relating to that alibi?

California, United States of America


The following excerpt is from People v. Superior Court (Keuffel & Esser Co.), 181 Cal.App.3d 785, 227 Cal.Rptr. 13 (Cal. App. 1986):

[181 Cal.App.3d 789] The court in Collie was troubled by the federal due process requirement of reciprocity in discovery, (Wardius v. Oregon, 412 U.S. 470, 93 S.Ct. 2208, 37 L.Ed.2d 82), which it felt might impair a defendant's Sixth Amendment right to counsel. Under "notice of alibi" rules, a defendant who intends to present an alibi defense must so notify the prosecution, which then may obtain through discovery evidence relating to defendant's alibi witness for use in impeaching the witness' testimony. In the Collie court's view, defense counsel's ability to "freely investigate and effectively present the defense could be seriously compromised" if counsel knew that information obtained from possible alibi witnesses could fall into the prosecution's hands. (30 Cal.3d at p. 55, 177 Cal.Rptr. 458, 634 P.2d 534.) The court also noted that such rules would penalize the defendant whose attorney was "most vigilant in gathering, recording and studiously analyzing evidence to prepare the defense."

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