N.C.M. v. State

Appellant argues that the trial court erred in denying appellant’s motion to exclude three late-disclosed witnesses and his alternative motion that counsel be afforded the opportunity to interview the witnesses before the hearing. We agree with appellant’s latter claim and reverse.

Immediately before the adjudicatory hearing held in the instant case, defense counsel alleged a discovery violation by the state and made an oral motion to exclude three witnesses whom the state had not disclosed until the afternoon before. The court immediately commenced an inquiry into the alleged discovery…