Alibi Witness

Yesterday, the Mississippi Court of Appeals decided Smith v. State located here.  The issue in the case is when does the defendant have to disclose an alibi witness?  The Court stated:

“The rule clearly states that the requirement to disclose an alibi witness is triggered
by the prosecution.” Hall v. State, 925 So. 2d 856, 857 (¶4) (Miss. Ct. App. 2005). “Only
after the prosecuting attorney makes a written demand is the defendant then required to provide written notice of his intent to offer a defense of alibi.” Id. (quoting Ford v. State, 862 So. 2d 554, 557 (¶11) (Miss. Ct. App. 2003)). On two prior occasions, we have reversed and remanded when a defendant’s alibi witness was excluded, where the State did not make a written demand under Rule 9.05. See Hall, 925 So. 2d at 857 (¶¶3-5); Ford, 862 So. 2d at 557 (¶¶10-12). The trial court likewise erred here, in denying Smith the opportunity to present his alibi witness. We reverse and remand for a new trial."

The risk of not disclosing a witness creates the issue above.  It is remanded for a new trial but the person is normally in prison while the appeal is pending.