State v. Killean

ZLAKET, Vice Chief Justice,

dissenting.

I cannot subscribe to the majority opinion because it supports the unnecessary exclusion of important witnesses and exhibits in the absence of a showing that the defendant, whose liberty is at stake, had anything to do with their late disclosure. Where a defendant is innocent of the discovery violation and the trial court has other remedies available to it, I submit that the exclusion of evidence should generally be considered inappropriate.

Let us assume for argument’s sake that some tortured view of zealous advocacy prompted defense counsel to seek an…