Oprean v. State

OPINION

in which MEYERS, PRICE, WOMACK, JOHNSON, HERVEY, and HOLCOMB, JJ„ joined.

The trial judge signed a pre-trial order, requiring that at least ten days before trial, the prosecutor give Oprean’s counsel all videos containing Oprean’s voice. Immediately before the trial’s punishment phase, Oprean’s attorney learned that the prosecutor had such a video. The prosecutor, over Oprean’s objection, introduced it into evidence. We must decide whether, under the particular facts of this case, the judge erred in admitting the tape. We hold that he did.

FACTS

On February 25, 2004, Judge Don Stricklin…