COURT DENIES ALIBI INSTRUCTION IN FIREARMS CASE

Richard Christy was convicted of possession of an unlawful firearm and sentenced to 204 months in the Federal prison. At trial Richard Babcock testified for the government that Christie and James Wulff attempted to sell him firearms. He refused the offer and called the police. On the other side two roommates of Christy testified that he was at a bar with them at the time of the alleged offer.

Christy’s lawyer asked the trial judge to give the standard Eighth Circuit alibi instruction. The Circuit’s instruction are not mandatory and the trial judge refused to give the instruction.

Christy appealed the conviction on the basis that the court denied him the right to have an instruction on the theory of his defense. A defendant has the right to an instruction regarding his/her defense theory if it ” is timely requested, correctly states the law, and is
supported by the evidence.” But in this case the appellate court agreed with the trial court that the general instructions on the need for proof beyond reasonable doubt and the burden of proof sufficiently covered the subject and counsel had sufficient opportunity to argue the alibi evidence. As a result the Eighth Circuit upheld the conviction.