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2018 Georgia Code 15-11-543 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 15-11-543 Case Law from Google Scholar Amendments to OCGA 15-11-543

TITLE 15 COURTS

Section 11. Juvenile Code, 15-11-1 through 15-11-747.

ARTICLE 6 DELINQUENCY

15-11-543. Notice of alibi defense.

  1. 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.
  2. 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.
  3. 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.
  4. 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.
  5. 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.

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

RESEARCH REFERENCES

Alibi Defense, 27 POF2d 431.

Cases Citing O.C.G.A. § 15-11-543

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In the Interest of T.b., a Child, 313 Ga. 846 (Ga. 2022).

Cited 13 times | Published | Supreme Court of Georgia | Jun 1, 2022

...Hargrove, 313 Ga. 30, 32 (2) (867 SE2d 101) (2021), the Juvenile Code does not expressly address whether a child may raise an insanity defense in a delinquency proceeding. The juvenile court reasoned that the Code’s reference to an alibi defense in OCGA § 15-11-543 implied that affirmative defenses, such as insanity, are unavailable in delinquency proceedings....
...ble in delinquency proceedings. True, we can infer that an alibi defense must be available in delinquency proceedings from the fact that the Juvenile Code sets out specific notice requirements for raising and rebutting an alibi defense. See OCGA § 15-11-543 (a)-(e).4 But we 4 OCGA § 15-11-543 provides: (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 not...