Is Def't Required to Notify Prosecutor of Affirmative Defenses PRE-TRIAL in ID?
snipped for focus
@10ofRods
If ID requires def't to notify the state of all affirmative defenses pre-trial, and if req'mt is in Idaho Criminal RULE 16(c), below, I'm missing it.
Anyone?
But re ALIBI defense specifically, Idaho Criminal RULE 12.1. Notice of Alibi,** states in its entirety:
"If the defendant intends to rely on the defense of alibi, the defendant must comply with Idaho Code § 19-519."
Idaho STATUTE*** specifically requires def't to notify the state pre-trial, of ALIBI -
--- place(s) def't claims to have been when crime occurred;
--- name(s) & address(es) of witness(es) def't intends to rely on to estab. alibi.
Also requires st. to give reciprocal info re witness name(s) & address(es) re establishing def't's presence at scene, and sets deadlines for pre-trial notice; allows ct. to extend deadlines; yadda, yadda.
So except for alibi defense, I'm not seeing that ID. requires crim def't to notify prosecutor of other affirmative defenses pre-trial. ICBW.
Welcoming clarification or correction, esp'ly from our other legal professionals.
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I.C.R. 16. Discovery and Inspection | Supreme Court
"Idaho Criminal Rule 16. Discovery and Inspection
"(c) Disclosure of Evidence by the Defendant on Written Request. Except as otherwise provided in this rule, the defendant must, at any time following the filing of charges against the defendant, on written request by the prosecuting attorney, disclose the following information, evidence and material to the prosecuting attorney:
"(1) Documents and Tangible Objects. On written request of the prosecuting attorney, the defendant must permit the prosecuting attorney to inspect and copy or photograph:
(A) books,
(B) papers,
(C) documents,
(D) photographs, and
(E) tangible objects,
or copies or portions of them, that are in the possession, custody or control of the defendant, and that the defendant intends to introduce in evidence at the trial.
"(2) Reports of Examinations and Tests. On written request of the prosecuting attorney, the defendant must permit the prosecuting attorney to inspect and copy or photograph any results or reports of physical or mental examinations and of scientific tests or experiments made in connection with the particular case if they are within the possession or control of the defendant, that the defendant intends to introduce in evidence at the trial, or that were prepared by a witness whom the defendant intends to call at the trial when the results or reports relate to testimony of the witness.
"(3) Defense Witness. On written request of the prosecuting attorney, the defendant must furnish the prosecuting attorney a list of names and addresses of witnesses the defendant intends to call at trial.
"(4) Expert Witnesses. On written request of the prosecuting attorney, the defendant must provide a written summary or report of any testimony that the defense intends to introduce pursuant to Rules 702, 703 or 705 of the Idaho Rules of Evidence at trial or hearing. The summary provided must describe the witness’s opinions, the facts and data for those opinions and the witness’s qualifications. Disclosure of expert opinions regarding mental health must also comply with the requirements of Idaho Code § 18-207. The defense is not required to produce any materials not subject to disclosure under subsection (h) of this Rule, or any material otherwise protected from disclosure by defendant’s constitutional rights."
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I.R.C. 12.1. Notice of Alibi. | Supreme Court
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Section 19-519 – Idaho State Legislature
ETA: Sorry, somehow my post did not show the link to post by
@10ofRods.
This is so darned heartbreaking. All the loss is overwhelming. It really is, well put, @Helechawagirl It is soooo heartbreaking and overwhelming... the only thing that could possibly make this tragedy the least bit better in some small way, will be justice for Xana, Maddie, Kaylee, and Ethan =...
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