People v. Travis

In People v. Travis, 443 Mich 668, 679; 505 NW2d 563 (1993), the Supreme Court of Michigan held that the emphasized language gives the trial court discretion to determine whether notice was timely given in light of the circumstances. In Travis, supra at 683-684, the Court adopted the test from United States v. Myers, 550 F2d 1036 (CA 5, 1977), for a judge's exercise of discretion for the Michigan notice of alibi statute. The Myers factors that a judge should consider when determining whether to allow an alibi witness despite a notice violation include prejudice, the reason for nondisclosure, the extent to which the harm from nondisclosure was mitigated by subsequent events, the weight of the evidence against defendant and other relevant factors. Id. at 682.