District Court, C.D. Illinois August 20, 1984, 83-2433 (United States Ex Rel. Robinson v. McGinnis)

ORDER

BAKER, District Judge.

This matter is before the court on the petitioner’s motion for summary judgment. The motion presents two issues: (1) Whether it is constitutionally permissible in a state criminal prosecution for the trial judge to refuse to permit material alibi witnesses to testify because the defense failed to give timely notice of its intended alibi defense, and (2) whether it is