Alabama Alibi Instruction
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FAQ
As amended, Rule 412(a) bars evidence offered to prove the complaining witness engaged in "other sexual behavior" or to prove the complaining witness's "sexual predisposition." These terms are taken verbatim from Federal Rule 412(a)(1) and (2) and include evidence the former Alabama rule defined as "Evidence Relating ...
The test of logical relevancy set forth in Rule 401 is a liberal one. Evidence is to be admitted if it possesses ?any tendency,? in logic or experience, to lead to the fact or inference for which it is offered.
R. Evid. 701, which vests the trial court with discretion to permit lay witnesses to give opinions but only under certain conditions. Alabama Rule of Evidence 701, like its identical counterpart under the Federal Rules of Evidence, permits lay witnesses to give opinions whenever two conditions are met.
Elements of alibi defense In order to present a successful alibi, the defendant's attorney: The defendant was somewhere else when the crime took place; There was no reasonable opportunity for the defendant to have committed the crime; and. The defendant was unable to have committed the crime by any other means.
If the defendant has a bona fide alibi, the charges against him can be dismissed. If his alibi is false, the investigation may disclose that fact and the prosecution will have sufficient time to secure rebuttal evidence.
Examining witness concerning prior statement. Historic common law in Alabama, as well as in the majority of states, has required that a writing be shown to a witness, and the witness be given the opportunity to read it, before the witness may be asked about inconsistent statements contained therein.
As amended, Rule 412 bars evidence of- fered to prove the victim's sexual behavior and alleged sexual predisposition. Evidence, which might otherwise be admissible under Rules 402, 404(b), 405, 607, 608, 609, or some other evidence rule, must be excluded if Rule 412 so requires.
The defendant has 10 days (unless the court alters that period) within which to serve the government with written notice of his intention to offer an alibi defense, "stat[ing] the specific place or places at which [he] claims to have been at the time of the alleged offense and the names and addresses of the witnesses ...
