Sec. 3. (a) If either the defendant or the prosecuting
attorney fails to file or serve statements in accordance with section 2 of
this chapter, the judge may extend the time for filing.
(b) If at the trial it appears that the defendant has failed to file and
serve an original statement of alibi in accordance with section 1 of this
chapter, and if the defendant does not show good cause for his failure,
then the court shall exclude evidence offered by the defendant to
establish an alibi.
(c) If at the trial it appears that the prosecuting attorney has failed
to file and serve his statement in accordance with section 2(a) of this
chapter, and if the prosecuting attorney does not show good cause for
his failure, then the court shall exclude evidence offered by the
prosecuting attorney to show:
(1) that the defendant was at a place other than the place stated in
the information or indictment; and
(2) that the date was other than the date stated in the information
or indictment.
(d) If at the trial it appears that the defendant has failed to file and
serve a second statement in accordance with section 2(c) of this
chapter, and if the defendant does not show good cause for his failure,
then the court shall exclude evidence offered by the defendant to
establish that:
(1) he was at a place other than the place specified in the
prosecuting attorney's statement; or
(2) the date was other than the date stated in the prosecuting
attorney's statement.
As added by Acts 1981, P.L.298, SEC.5.
IC 35-36-5Chapter 5. Change of Judge
35-36-5-1Preemptory change of venue from judge;
procedure 35-36-5-2Other grounds; motion; affidavit; time limitation
Notes of Decisions
Cited in
14
cases, 1986–2019 · leading case:
Baxter v. State, 522 N.E.2d 362 (Ind. 1988).
Baxter v. State, 522 N.E.2d 362 (Ind. 1988).
· cites it 4× “Ind. Code § 35-36-4-3 (b) provides: If at the trial it appears that the defendant has failed to file and serve an original statement of alibi in accordance with section 1 [XX-XX-X-X] of this chapter, and if the defendant does not show good cause for his failure, then the court…”
Campbell v. State, 622 N.E.2d 495 (Ind. 1993).
· cites it 4× “Because of our resolution of this issue on state constitutional grounds, we do not address appellant's argument that his communication problems with his attorney constituted good cause for his late filing of notice of alibi under I.”
Washington v. State, 840 N.E.2d 873 (Ind. Ct. App. 2006).
· cites it 8× “" Ind.Code § 35-36-4-3(b) (emphasis added).”
Harrison v. State, 644 N.E.2d 1243 (Ind. 1995).
· cites it 2× “First, defendant did not file his notice of alibi until long after the deadline imposed *1255 by Indiana Code § 35-36-4-3(b) (1988). [22] In fact, the notice was not filed until two days before trial.”
Seay v. State, 529 N.E.2d 106 (Ind. 1988).
· cites it 2× “However, appellant contends that the alibi witness's decision to testify and her better recollection were a surprise to him, and he has shown good cause for his failure to file a notice of alibi; thus, the trial court should have allowed the testimony under Ind.Code § 35-36-4-3.…”
Ashley v. State, 493 N.E.2d 768 (Ind. 1986).
· cites it 2× “We find that Ashley's right to exclusion of evidence of time and place accrued upon his compliance by filing a notice of alibi on February 8, 1983, and that the applicable sanction for the State's failure to respond is provided by the recodified statute, Ind. Code § 35-36-4-3 .…”
Washington v. State, 840 N.E.2d 873 (Ind. Ct. App. 2006).
· cites it 14× “" Ind.Code § 35-36-4-3(b) (emphasis added).”
Baxter v. Duckworth, 761 F. Supp. 576 (N.D. Ind. 1989).
· cites it 2× “Ind.Code § 35-36-4-3(b) provides: If at the trial it appears that the defendant has failed to file and serve an original statement of alibi in accordance with section 1 [35-36-4-1] of this chapter, and if the defendant does not show good cause for his failure, then the court…”
Payne v. State, 495 N.E.2d 183 (Ind. 1986).
“§ 35-36-4-3(b) further provides: If at the trial it appears that the defendant has failed to file and serve an original statement of alibi in accordance with section 1 [85-86-4-1] of this chapter, and if the defendant does not show *184 good cause for his failure, then the court…”
Jacob Fuller v. State of Indiana, No. 48A02-1210-CR-848 (Ind. Ct. App. July 10, 2013).
· cites it 2× “Indiana Code section 35-36-4-3(b) concerns the consequences of the State’s lack of response: If at the trial it appears that the prosecuting attorney has failed to file and serve his statement in accordance with section 2(a) of this chapter, and if the prosecuting attorney does…”
Kevin T. Price v. State of Indiana, No. 18A02-1210-CR-809 (Ind. Ct. App. May 21, 2013).
· cites it 2× “” Ind. Code § 35-36-4-3 . The trial court concluded that Price failed to show good cause for his noncompliance.”
Ronald Rostochak v. State of Indiana, No. 92A05-1112-CR-688 (Ind. Ct. App. Dec. 31, 2012).
· cites it 2× “4 If the defendant fails to file and serve a notice of alibi defense and does not show good cause for his failure, “the court shall exclude evidence offered by the defendant to establish an alibi.”
Ind. Code § 35-36-4-3(b): 7 cases
Campbell v. State, 622 N.E.2d 495 (Ind. 1993).
“Because of our resolution of this issue on state constitutional grounds, we do not address appellant's argument that his communication problems with his attorney constituted good cause for his late filing of notice of alibi under I.”
Washington v. State, 840 N.E.2d 873 (Ind. Ct. App. 2006).
“" Ind.Code § 35-36-4-3(b) (emphasis added).”
Harrison v. State, 644 N.E.2d 1243 (Ind. 1995).
“First, defendant did not file his notice of alibi until long after the deadline imposed *1255 by Indiana Code § 35-36-4-3(b) (1988). [22] In fact, the notice was not filed until two days before trial.”
Washington v. State, 840 N.E.2d 873 (Ind. Ct. App. 2006).
“" Ind.Code § 35-36-4-3(b) (emphasis added).”
Baxter v. Duckworth, 761 F. Supp. 576 (N.D. Ind. 1989).
“Ind.Code § 35-36-4-3(b) provides: If at the trial it appears that the defendant has failed to file and serve an original statement of alibi in accordance with section 1 [35-36-4-1] of this chapter, and if the defendant does not show good cause for his failure, then the court…”
Annotations are extracted automatically from the opinions in the
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treatment. Dots show Syfertize treatment of the citing case itself.