Missouri Alibi Instruction is a legal concept in the state of Missouri that allows a defendant to present evidence or make a claim that they were not present at the scene of the crime at the time it occurred. This instruction is intended to establish an alibi defense, where the defendant can offer proof that they were elsewhere and therefore could not have committed the crime in question. An alibi defense is crucial in criminal trials as it challenges the prosecution's case by creating reasonable doubt about the defendant's involvement. The Missouri Alibi Instruction, when properly applied, can significantly impact the outcome of a trial. In Missouri, there are two main types of alibi instructions: 1. Missouri Approved Instruction (MAI-CR): The Missouri Approved Instruction for Criminal cases, often abbreviated as MAI-CR, provides a standardized set of instructions to guide judges and jurors in determining the guilt or innocence of a defendant. Under MAI-CR, one specific instruction relates to the alibi defense, explaining what conditions must be met for an alibi to be considered credible and potentially lead to the acquittal of the defendant. 2. Non-MAI Alibi Instructions: Non-MAI alibi instructions are those that do not adhere to the Missouri Approved Instruction format but are nonetheless used to convey the defendant's alibi defense. These instructions may vary slightly in language and structure from case to case, depending on the judge or legal team involved. It's important to note that the content and presentation of an alibi defense, including the Missouri Alibi Instruction, must be carefully crafted to strengthen the defendant's case. This includes providing credible witnesses, evidence, or documentation that supports the claim of being in a different location during the commission of the alleged crime. Overall, the Missouri Alibi Instruction is a vital component in criminal trials where a defendant seeks to establish their innocence by proving they were elsewhere when the crime took place. It serves as a legal framework to ensure that judges and jurors understand the requirements for accepting an alibi defense and weigh its credibility in determining a verdict.
Missouri Alibi Instruction
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Rule 25.02 - Misdemeanors or Felonies-Time for Discovery (a) Disclosure on filing of felony complaint. Requests or motions for discovery of material and information as provided in Rule 25.03(a) may be made any time after defendant's initial appearance in court.
Under Rule 52.02(k) in Missouri, a guardian ad litem may be appointed for someone who is mentally or physically infirm. The procedure requires that (1) it either affirmatively appear or be suggested that someone who does not have a guardian (2) is incapable of protecting his or her own's interest in any litigation.
Rule 25.05 Disclosure by Defendant to State Without Court Order. The prosecution is not the only side that must provide information to the other during the discovery phase.
25.03 ? Misdemeanors or Felonies ? Disclosure by State to Defendant Without Court Order. 25.04 ? Misdemeanors or Felonies ? Disclosure by State to Defendant by Court Order Requiring a Showing of Good Cause. 25.05 ? Misdemeanors or Felonies ? Disclosure by Defendant to State Without Court Order.
Rule 25.05 Disclosure by Defendant to State Without Court Order. The prosecution is not the only side that must provide information to the other during the discovery phase.
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.
22.09(1) requires that a preliminary hearing be held within a reasonable time. Id. The Supreme Court further states that it shall be held no later than 60 days if the Defendant is out of custody, except that the Court may continue the matter for good cause.
Defendant shall not be physically present at a discovery deposition except by agreement of the parties or upon court order for good cause shown. In addition, upon motion of the defense, the court may order the physical presence of defendant upon a showing of good cause.
