State v. Wade

Johnson, J.,

¶ 12. concurring. I agree with the Court that we must reinstate Wade’s conviction because the prosecutor’s discovery violation did not actually prejudice his defense. The majority opinion is incomplete, however, because it offers no remedy for the pattern of discovery abuse and neglect established by the facts the trial court found. This Court is obliged to refer the prosecutor’s conduct to our Professional Responsibility Program for investigation and appropriate action given the facts the trial court found below. Thus, I concur with the Court’s judgment to reverse Wade’s…