State responded to D's Supplemental Notice of Alibi Defense (submitted to a deadline on April 17th). State objected based on exact same grounds as last year; D's notice of Albi Defense doesn't comply with ICRs. My understanding is,the ball is now in JJJ's court (pardon the pun!) and could go one of three ways:What type of ruling is Judge supposed to make regarding the alibi? When?
1) Judge accepts 'Alibi' as it currently stands (unlikely moo as hard to see how it complies with ICRs);
2) Judge finds Notice of Alibi doesn't comply and grants D additional extension of time to comply (personally think this is what he will decide); or
3) Judge rejects as non compliant and rules time is up. No alibi has been submitted would be the finding here Imo. Which IIUC, would mean d cannot call witnesses to support any alibi potentially presented come trial. BK would ofcourse be free to take the stand or not as he/defense sees fit. (I think JJJ unlikely to rule along these lines at this point). All Moo
17th April D's Supplemental Response, Notice of Alibi (submitted to deadline ordered by JJJ).
26th April State's Response basically objecting on grounds of non compliance and projecting various outcomes dependent on Court's findings.
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eta regarding when? JJJ mentioned the whole Albi thingy at that early May hearing I believe and just my impression was that he was not going to rule/consider it until after the hearings which have just taken place. It was just a casual mention though if I'm recalling it right. Jmo