Livingston v. State

During the voir dire examination of the jury, counsel for appellant learned for the first time of the identity of an eyewitness to appellant’s arrest. Counsel advised the prosecutor and introduced him to the witness, who was brought to the courthouse. Since the witness’s testimony was material and favorable to appellant’s ease, appellant offered to agree to a continuance or any other remedy to offset any possible prejudice to the state. After some discussion, *1350appellant requested a formal Richardson1 hearing to demonstrate his lack of culpability in the circumstances and willingness to do what…