Charles L. Kuebler v. State of Mississippi

¶ 100. I concur in the majority’s discussion and resolution of most of the claims that Kuebler raises on appeal. However, rather than affirming Kuebler’s conviction and sentence at this stage, I conclude that it is necessary to remand the case to the trial court for the limited purpose of making findings of fact as to whether a discovery violation occurred. If such a violation occurred, I believe that a continuance or mistrial would have been required. The trial judge appears to have resolved the issue on other grounds, but I submit that the issue cannot be decided without determining whether…