alibi defense (Idaho) · Go Syfert
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alibi defense in Idaho

10 Idaho opinions name it 2 courts 1972–2025 4 in the last five years

The cases below were cited by Idaho courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (10)

CaseFollowedCited
State v. Marksgreen
idahoctapp · 1991 · cited in 2 Idaho opinions naming this issue, 2025–2025
2 sentences

2025State v. Marks, 120 Idaho 727, 729 , 819 P.2d 581, 583 (Ct. App. 1991).

2025State v. Marks, 120 Idaho 727, 729 , 819 P.2d 581, 583 (Ct. App. 1991).

22
Herring v. New Yorkgreen
scotus · 1975 · cited in 1 Idaho opinions naming this issue, 2025–2025
1 sentence

2025Closing arguments are intended to “sharpen and clarify the issues for resolution by the trier of fact in a criminal case.” Herring v. New York, 422 U.S. 853, 862 (1975).

11
Roman v. Stategreen
idahoctapp · 1994 · cited in 1 Idaho opinions naming this issue, 2021–2021
2 sentences

2021Roman v. State, 125 Idaho 644, 650 , 873 P.2d 898, 904 (Ct. App. 1994). 1 Roman filed a successive petition for post-conviction relief on July 28, 1994, which again asserted ineffective assistance of counsel for failing to raise an alibi defense, among other claims.

2021Roman v. State, 125 Idaho 644, 650 , 873 P.2d 898, 904 (Ct. App. 1994). 1 Roman filed a successive petition for post-conviction relief on July 28, 1994, which again asserted ineffective assistance of counsel for failing to raise an alibi defense, among other claims.

11
People v. Tackettgreen
coloctapp · 1987 · cited in 1 Idaho opinions naming this issue, 2015–2015
2 sentences

2015See, e.g., People v. Tackett, 742 P.2d 957, 961 (Colo.App.1987) (“[W]here, as here, defendant’s alibi is to be established by testimony of witnesses other than defendant, the decision whether to present such defense is a strategic and tactical decision within the exclusive province of defense counsel.”); Bradley v. State, 33 So.3d 664, 675 (Fla.2010) (“[T]rial counsel made a reasonable strategic decision to utilize an alibi defense as the main defense____”); Reeves v. State, 288 Ga. 545 , 705 S.E.2d 159, 162 (2011) (“[W]hether to present an alibi defense is a strategic and tactical decision th

2015See, e.g., People v. Tackett, 742 P.2d 957, 961 (Colo.App.1987) (“[W]here, as here, defendant’s alibi is to be established by testimony of witnesses other than defendant, the decision whether to present such defense is a strategic and tactical decision within the exclusive province of defense counsel.”); Bradley v. State, 33 So.3d 664, 675 (Fla.2010) (“[T]rial counsel made a reasonable strategic decision to utilize an alibi defense as the main defense____”); Reeves v. State, 288 Ga. 545 , 705 S.E.2d 159, 162 (2011) (“[W]hether to present an alibi defense is a strategic and tactical decision th

11
Wright v. United Statesgreen
dc · 2009 · cited in 1 Idaho opinions naming this issue, 2015–2015
1 sentence

2015See Wright v. United States, 979 A.2d 26, 30 (D.C.2009) (where potential alibi witnesses would present conflicting versions of events, an attorney’s decision not to call them is reasonable); Gilmore v. State, 712 S.W.2d 438, 441 (Mo.Ct.App.1986) (where potential alibi witnesses’ testimony is inconsistent and contradicts defendant’s testimony, counsel does not provide ineffective assistance in failing to call such witnesses).

11
Bradley v. Stategreen
fla · 2010 · cited in 1 Idaho opinions naming this issue, 2015–2015
2 sentences

2015See, e.g., People v. Tackett, 742 P.2d 957, 961 (Colo.App.1987) (“[W]here, as here, defendant’s alibi is to be established by testimony of witnesses other than defendant, the decision whether to present such defense is a strategic and tactical decision within the exclusive province of defense counsel.”); Bradley v. State, 33 So.3d 664, 675 (Fla.2010) (“[T]rial counsel made a reasonable strategic decision to utilize an alibi defense as the main defense____”); Reeves v. State, 288 Ga. 545 , 705 S.E.2d 159, 162 (2011) (“[W]hether to present an alibi defense is a strategic and tactical decision th

2015See, e.g., People v. Tackett, 742 P.2d 957, 961 (Colo.App.1987) (“[W]here, as here, defendant’s alibi is to be established by testimony of witnesses other than defendant, the decision whether to present such defense is a strategic and tactical decision within the exclusive province of defense counsel.”); Bradley v. State, 33 So.3d 664, 675 (Fla.2010) (“[T]rial counsel made a reasonable strategic decision to utilize an alibi defense as the main defense____”); Reeves v. State, 288 Ga. 545 , 705 S.E.2d 159, 162 (2011) (“[W]hether to present an alibi defense is a strategic and tactical decision th

11
State v. Perrygreen
moctapp · 1986 · cited in 1 Idaho opinions naming this issue, 2015–2015
1 sentence

2015See Wright v. United States, 979 A.2d 26, 30 (D.C.2009) (where potential alibi witnesses would present conflicting versions of events, an attorney’s decision not to call them is reasonable); Gilmore v. State, 712 S.W.2d 438, 441 (Mo.Ct.App.1986) (where potential alibi witnesses’ testimony is inconsistent and contradicts defendant’s testimony, counsel does not provide ineffective assistance in failing to call such witnesses).

11
Reeves v. Stategreen
ga · 2011 · cited in 1 Idaho opinions naming this issue, 2015–2015
2 sentences

2015See, e.g., People v. Tackett, 742 P.2d 957, 961 (Colo.App.1987) (“[W]here, as here, defendant’s alibi is to be established by testimony of witnesses other than defendant, the decision whether to present such defense is a strategic and tactical decision within the exclusive province of defense counsel.”); Bradley v. State, 33 So.3d 664, 675 (Fla.2010) (“[T]rial counsel made a reasonable strategic decision to utilize an alibi defense as the main defense____”); Reeves v. State, 288 Ga. 545 , 705 S.E.2d 159, 162 (2011) (“[W]hether to present an alibi defense is a strategic and tactical decision th

2015See, e.g., People v. Tackett, 742 P.2d 957, 961 (Colo.App.1987) (“[W]here, as here, defendant’s alibi is to be established by testimony of witnesses other than defendant, the decision whether to present such defense is a strategic and tactical decision within the exclusive province of defense counsel.”); Bradley v. State, 33 So.3d 664, 675 (Fla.2010) (“[T]rial counsel made a reasonable strategic decision to utilize an alibi defense as the main defense____”); Reeves v. State, 288 Ga. 545 , 705 S.E.2d 159, 162 (2011) (“[W]hether to present an alibi defense is a strategic and tactical decision th

11
State v. Kelsawgreen
orctapp · 1972 · cited in 1 Idaho opinions naming this issue, 1990–1990
2 sentences

1990See, e.g., State v. Kelsaw, 11 Or.App. 289 , 502 P.2d 278 (1972), rev’d on other grounds, 14 Or.App. 313 , 513 P.2d 516 (1973); State v. Clark, 209 Mont. 473 , 682 P.2d 1339 (1984).

1990See, e.g., State v. Kelsaw, 11 Or.App. 289 , 502 P.2d 278 (1972), rev’d on other grounds, 14 Or.App. 313 , 513 P.2d 516 (1973); State v. Clark, 209 Mont. 473 , 682 P.2d 1339 (1984).

11
State v. Kelsawgreen
orctapp · 1973 · cited in 1 Idaho opinions naming this issue, 1990–1990
2 sentences

1990See, e.g., State v. Kelsaw, 11 Or.App. 289 , 502 P.2d 278 (1972), rev’d on other grounds, 14 Or.App. 313 , 513 P.2d 516 (1973); State v. Clark, 209 Mont. 473 , 682 P.2d 1339 (1984).

1990See, e.g., State v. Kelsaw, 11 Or.App. 289 , 502 P.2d 278 (1972), rev’d on other grounds, 14 Or.App. 313 , 513 P.2d 516 (1973); State v. Clark, 209 Mont. 473 , 682 P.2d 1339 (1984).

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Idaho. Read the followed side critically anyway.

Also cited on this issue (5)

CaseCitedYears
State v. Kevin Louis Ormesher green
idahoctapp · 2012
2 sentences

2016In State v. Ormesher, 154 Idaho 221 , 296 P.3d 427 (Ct. App. 2012), this Court held the defendant’s defense was not thwarted because he in fact did offer a defense to any allegations that were referenced in the jury instruction.

2016In State v. Ormesher, 154 Idaho 221 , 296 P.3d 427 (Ct. App. 2012), this Court held the defendant’s defense was not thwarted because he in fact did offer a defense to any allegations that were referenced in the jury instruction.

12016–2016
Murphy v. State green
idahoctapp · 2006
2 sentences

2012Id. at 150-51 , 139 P.3d at 752-53 .

2012Id. at 150-51 , 139 P.3d at 752-53 .

12012–2012
State v. Clark green
mont · 1984
2 sentences

1990See, e.g., State v. Kelsaw, 11 Or.App. 289 , 502 P.2d 278 (1972), rev’d on other grounds, 14 Or.App. 313 , 513 P.2d 516 (1973); State v. Clark, 209 Mont. 473 , 682 P.2d 1339 (1984).

1990See, e.g., State v. Kelsaw, 11 Or.App. 289 , 502 P.2d 278 (1972), rev’d on other grounds, 14 Or.App. 313 , 513 P.2d 516 (1973); State v. Clark, 209 Mont. 473 , 682 P.2d 1339 (1984).

11990–1990
State v. Grierson green
idaho · 1972
2 sentences

1990State v. Grierson, 95 Idaho 155 , 504 P.2d 1204 (1972).

1990State v. Grierson, 95 Idaho 155 , 504 P.2d 1204 (1972).

11990–1990
State v. Davis green
· 1898
2 sentences

1972State v. Davis, 6 Idaho 159, 172 , 53 P. 678 (1898).

1972State v. Davis, 6 Idaho 159, 172 , 53 P. 678 (1898).

11972–1972

Statutes the citing opinions construe

ID § Idaho Code § 19-4906 (3)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

NY 337 (1910–2026) IL 273 (1934–2026) PA 213 (1933–2026) CA 167 (1922–2026) GA 158 (1911–2025) MI 140 (1926–2026) MO 131 (1893–2025) TX 99 (1972–2026) OH 96 (1977–2026) MS 94 (1951–2025) TN 86 (1970–2026) IN 85 (1902–2019) NJ 77 (1964–2026) CT 70 (1974–2024) FL 65 (1935–2025) WA 49 (1949–2025) KS 47 (1938–2025) MD 46 (1974–2022) MA 41 (1970–2023) WI 40 (1967–2026) OR 39 (1926–2026) AL 36 (1922–2025) AZ 35 (1945–2026) IA 34 (1911–2023) NC 31 (1973–2024) DC 29 (1972–2008) CO 28 (1947–2025) WV 28 (1930–2021) NM 26 (1968–2025) VA 24 (1978–2026) UT 23 (1911–2022) SC 22 (1974–2023) NE 21 (1897–2024) DE 20 (1979–2025) LA 20 (1975–2025) SD 16 (1945–2007) OK 16 (1933–1998) HI 15 (1983–2017) NH 15 (1984–2024) MN 14 (1953–2023) MT 12 (1978–2017) VT 11 (1979–2014) ID 10 (1972–2025) AK 10 (1978–2025) WY 9 (1977–2004) ND 7 (1980–2018) NV 7 (1971–2020) AR 6 (1983–2017) KY 5 (1961–2023) ME 4 (1977–2013) GU 3 (1978–2022) RI 3 (1979–1986)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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