Maryland Alibi Instruction
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FAQ
In its present form, Rule 4-263 limits the State's discovery obligations to eleven categories of information. Rule 4-263(d). Unlike in civil cases, however, "no rule provides generally for the discovery of all relevant information and documents in the State's possession or control in criminal cases." Id.
MD Rule 4-216. (d) (4) The judicial officer shall advise the defendant in writing or on the record of the conditions of release imposed and of the consequences of a violation of any condition. When bail is required, the judicial officer shall state in writing or on the record the amount and any terms of the bail.
(d) Motion for Disclosure. Unless disclosure of matters occurring before the grand jury is permitted by law without court authorization, a motion for disclosure of such matters shall be filed in the circuit court where the grand jury convened.
Rule 4-263 - Discovery in Circuit Court (a)Applicability. This Rule governs discovery and inspection in a circuit court. Committee note: This Rule also governs discovery in actions transferred from District Court to circuit court upon a jury trial demand made in ance with Rule 4-301(b)(1)(A). See Rule 4-301(c).
Without the necessity of a request, the State's Attorney shall provide to the defense all material or information in any form, whether or not admissible, that tends to exculpate the defendant or negate or mitigate the defendant's guilt or punishment as to the offense charged and all material or information in any form, ...
In my opinion, three pieces of information are necessary for sufficient disclosure of an alibi defence: a statement that the accused was not present at location of the crime when it was committed, the whereabouts of the accused at that time and the names of any witnesses to the alibi: see Mahoney, supra, and also R. v.
An Alibi and Reasonable Doubt The defense also does not have to provide the alibi beyond a reasonable doubt. If the jury or judge does not believe the alibi defense, the prosecution still must prove all elements of the crime beyond a reasonable doubt.
3. Referred to as the notice of alibi rule, Maryland Rule 741 (d)(3) provides that the defendant must furnish the name and address of each individual he intends to call as a witness to show the defendant was not present at the time, place, and date designated by the state. MD.
