State v. Mai

After failing to comply with the pretrial discovery provisions of ORS 135.835, defendant’s attorney told two defense witnesses not to talk to the prosecutor. The trial court ruled that one of those witnesses could not testify. Defendant was convicted. On appeal he contends the trial court erred, because (1) no sanction was permissible since defense counsel’s misconduct caused the state no prejudice, and (2) this ruling violated his Sixth Amendment right to compulsory process.1

*341The majority holds that the trial court did not abuse its discretion in refusing to allow the witness to testify and…