Nelson v. State

Darrell Hickman, Justice.

The only issue in this case is the trial court’s decision that the State could use a witness when it failed to comply with a pretrial discovery request under Rules of Grim. Proc., Rule 17.1. The court was wrong and the judgment is reversed and the cause remanded for a new trial.

The defense filed a routine pretrial discovery request and the parties concede that the State failed to furnish the defense with the name of Sharon West as a State’s witness. No doubt the State’s action was inadvertent but the defense moved that she be prevented from testifying. The defense…