Jurisprudence
Verified Attorney
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IANAL, but as far as I understand the Idaho Code and the alibi defense notification process, I don't see how a judge can "compel" an alibi defense. ...
I don't think a judge would "compel" an alibi defense, since it is optional, not a requirement.
[snipped by me]
I'm not sure if I am reading your post correctly but the way I read the state's papers, the state isn't asking the court to compel the defense to submit an alibi. The state is asking the court to compel the defense to comply with the law, a distinction with a difference. The defense is required to disclose alibi evidence so it can be vetted or they are to be foreclosed from introducing it at trial absent a showing of good cause as to why they didn't disclose it at the time they were required to. And, while the discovery of new evidence might be enough to show good cause, I don't think the "Because I didn't feel like it" meets the standard.
jmo
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