Preston Overton v. State of Mississippi

¶ 23. Without speculating as to the trial judge’s finding that a deliberate violation occurred, I direct my fellow justices to the contents, of the record before us as the source of my qualms with the majority opinion. The trial judge did not mince his words at trial, expressly finding Overton’s untimely disclosure was an effort to conduct a “trial by ambush” and pronouncing the untimely disclosure as “an egregious violation.” He then followed the precedent of this Court and foiled a “trial by ambush.”14 The record in this case contains (1) evidence in support of exclusion, (2) a clear…