M.N. v. State

WARNER, Judge.

Appellant, a juvenile, appeals the trial court’s order adjudicating him guilty of battery. He claims that the trial court erred by excluding his only witness as a sanction for appellant’s failure to list the witness on the pretrial witness list, even though the state was aware of his existence, as the witness was the former co-defendant with appellant. We hold that the trial court erred in excluding the witness without a Richardson1 hearing.

Appellant was charged with battery of a fellow student. At trial, the victim testified that appellant struck him because the victim refused…