People v. Wilken

In this appeal by the defendant, David Wilken, from his conviction, following a jury trial, of burglary, the defendant raises only one issue: whether the State’s failure to comply with discovery has prejudiced him to such an extent as to require a new trial. The facts relevant to this issue follow.

The defendant’s trial counsel filed several pretrial motions, including a discovery motion. On November 13, 1978, the day the case was scheduled for trial, the defendant also filed a motion for a continuance and a motion to compel discovery, alleging that defense counsel had recently learned about…