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STATE v. SMITH

No. 84-1146.

17 Ohio St. 3d 98 (1985)

THE STATE OF OHIO, APPELLANT, v. SMITH, APPELLEE.

Supreme Court of Ohio.

Decided May 15, 1985.

Attorney(s) appearing for the Case

John T. Corrigan, prosecuting attorney, and George J. Sadd, for appellant.

Hyman Friedman, county public defender, Marillyn Fagan Damelio and Patricia Walsh, for appellee.

WRIGHT, J.

The following three propositions of law are presented for our review.

"Proposition of Law No. I.

"Defense counsel's failure to timely file a notice of alibi pursuant to Criminal Rule 12.1 does not per se constitute a violation of the Sixth Amendment right to effective assistance of counsel."

"Proposition of Law No. II.

"The exclusion of alibi testimony first offered by an accused after the close of the state's case...

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