State v. Simms

In this case, we are asked to review whether it was error for a trial judge to admit a defendant’s alibi disclosure notice as substantive evidence even though the defendant did not offer testimony to establish alibi, testify or put on a defense. We shall hold that admission of the alibi notice was error, and an abuse of discretion, and the error was not harmless. Thus, we affirm the judgment of the Court of Special Appeals.

PROCEDURAL HISTORY

On August 9, 2007, Respondent Perry Simms, a/k/a Perry Sims, 1 was charged by indictment with the June 30, 2007 murder of Paul Cornish as well as various…