State v. Smith

The gravamen of both defendants’ first assignment of error centers on an independent eyewitness’ account which was allegedly exculpatory to the defendants and which was not disclosed to the defendants prior to trial. Because I am of the opinion that the State should have disclosed the exculpatory material in its possession as to defendant Smith, I dissent from the majority’s opinion on that issue.

The witness in question is one Gregory Jones, the victim’s cousin. During separate pre-trial interviews with the state and defense counsel, Jones allegedly stated that he only saw Ryan Roberts shoot…