State v. Ousley

MARY R. RUSSELL, Chief Justice.

Jerry Ousley challenges his conviction for forcible rape, claiming that the trial court erred in excluding certain testimony from surrebuttal. This Court holds that, although the testimony had previously been excluded from Ousley’s case-in-chief as a discovery sanction for late disclosure, this sanction did not authorize its exclusion from surrebuttal because the testimony would have rebutted the State’s rebuttal evidence. Further, the trial court committed reversible error in excluding the testimony because Ousley had a right to respond to the State’s new…