Walter Allison, Jr. v. Ramon L. Gray, Warden, Etc.

SWYGERT, Circuit Judge.

This appeal presents the question whether precluding a criminal defendant from presenting any alibi evidence, under an unconstitutional, non-reciprocal notice of alibi statute, constituted harmless error. 1 On the facts of this case, we cannot say that this federal constitutional error was harmless beyond a reasonable doubt and, therefore, we reverse the district court’s denial of habeas corpus relief.

The petitioner in this case, Walter Allison, Jr., was convicted of rape and sexual perversion in 1972. At Allison’s jury trial, the Wisconsin trial court prevented Allison…