An Alibi is Not an Affirmative Defense

State v. Lynch, 2011 UT App 1 (Utah Court of Appeals January 6, 2011).

Lynch was convicted of 1^st degree murder and asserted an alibi of not being able to commit the murder because he was at Costco. Defendant was convicted and appealed.  Defendant argued that his alibi was an affirmative defense and therefore the jury should have been instructed that the State must disprove his alibi.  The Court of Appeals disagreed and found that an alibi is not an affirmative defense, but is a refutation of the allegation itself because an alibi presents the defense that the Defendant did not actually commit the crime.  An affirmative defense is one in which the Defendant admits the act, but disputes the criminal nature of the act.  The State is not required to disprove an alibi defense.  Affirmed.

Full Decision available at http://www.utcourts.gov/opinions/appopin/lynch010611.pdf