Whether the exclusion of alibi evidence that could prove a defendant's innocence, as a sanction for an uncalculated discovery violation, is permitted by the Sixth and Fourteenth Amendments

QUESTIONS PRESENTED On the morning of his first-degree murder trial, Petitioner moved to endorse an alibi witness who would have testified Petitioner was home with her at the time of the shooting. Although Petitioner’s public defender disclosed this witness as soon as she confirmed the information, and offered a continuance for Respondent to further investigate, the trial court excluded Petitioner’s alibi witness as a sanction for late disclosure, citing unfairness to the State. The appellate court upheld this ruling, finding “no reasonable justification for the late endorsement.” The questions presented are: e Whether the exclusion of alibi evidence that could prove a defendant's innocence, as a sanction for an uncalculated discovery violation, is permitted by the Sixth and Fourteenth Amendments if it was not a “willful” violation as in Taylor v. Illinois, 484 U.S. 400 (1988). e Whether “bad faith” is a precondition for the exclusion of alibi evidence under Taylor v. Illinois, 484 U.S. 400 (1988), as held by the Second, Eighth and Ninth Circuits, or whether Taylor created a balancing test where bad faith is a factor, as held by the First, Eleventh, and DC Circuits?