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State Utah v. Ibrian Ortiz

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eBook details

  • Title: State Utah v. Ibrian Ortiz
  • Author : Supreme Court Of Utah
  • Release Date : January 06, 1985
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 53 KB

Description

ZIMMERMAN, Justice: Defendant Ibrian Ortiz appeals from his conviction of aggravated robbery, a first degree felony. U.C.A., 1953, § 76-6-302 (1978 ed.). The trial court refused to permit him to substitute a second alibi witness for the one he had originally designated, despite a showing that the first witness's unavailability was entirely beyond defendant's control, that he would be prejudiced by the failure to permit the substitution, and that the testimony of the second witness would be substantially identical to that of the first. We conclude that the trial court abused its discretion in not permitting the substitution and reverse and remand for a new trial.


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