O.C.G.A.

O.C.G.A. § 15-11-543 (2019)

Notice of alibi defense

✓ O.C.G.A.: 2019 edition (Public.Resource.Org Release 73)
Code text and O.C.G.A. statutory annotations on this page reflect the 2019 Official Code of Georgia Annotated (Public.Resource.Org Release 73, 2019-08-21; public domain per Georgia v. Public.Resource.Org, 2020). The Syfert case-law annotations in Notes of Decisions, below, are current.
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(a) Upon written request by a prosecuting attorney stating the time, date, and place at which the alleged delinquent act was committed, a child shall serve upon the prosecuting attorney a written notice of his or her intention to offer a defense of alibi.

(b) A notice to offer an alibi defense shall state the specific place or places at which a child claims to have been at the time of the alleged delinquent act and the names, addresses, dates of birth, and telephone numbers of the witnesses, if known to the child, upon whom such child intends to rely to establish his or her alibi, unless previously supplied.

(c) A request for alibi evidence shall be complied with promptly and not later than 48 hours prior to the adjudication hearing, except when later compliance is made necessary by the timing of the request. If the request for alibi evidence is made fewer than 48 hours prior to the adjudication hearing, the alibi evidence shall be produced in a timely manner.

(d) If a child withdraws his or her notice of intention to rely upon an alibi defense, the notice and intention to rely upon an alibi defense shall not be admissible; provided, however, that a prosecuting attorney may offer any other evidence regarding alibi.

(e) A prosecuting attorney shall serve upon a child a written notice stating the names, addresses, dates of birth, and telephone numbers of the witnesses, if known to the state, upon whom the state intends to rely to rebut such child’s evidence of alibi, unless previously supplied.

History

Code 1981, § 15-11-543, enacted by Ga. L. 2013, p. 294, § 1-1/HB 242.

Annotations

RESEARCH REFERENCES Am. Jur. Proof of Facts. - Alibi Defense, 27 POF2d 431.

Notes of Decisions
Cited in 1 case (1 in the last 5 years), 2022–2022 · leading case: In the Interest of T.b., a Child, 313 Ga. 846 (Ga. 2022).
In the Interest of T.b., a Child, 313 Ga. 846 (Ga. 2022). · cites it 11× “The juvenile court reasoned that the Code’s reference to an alibi defense in OCGA § 15-11-543 implied that affirmative defenses, such as 10 insanity, are unavailable in delinquency proceedings.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.