State v. Moss

I respectfully dissent. This is a common, ordinary discovery dispute in a criminal case over the timing of production of the work product of expert witnesses, distinguished only by the fact that it is a case in which the State seeks the death penalty. That fact, however, does not expand our authority to insert ourselves into the discretionary decisions of the trial judge in her management of the case to trial. British Moss concedes that most, if not all, of the contested material will be producible in the penalty phase of this case, if there is one. He argues, however, that he will be…