State v. Prieto

¶ 17. (concurring). I agree with my colleagues that the circuit court appropriately exercised its discretion in ordering witness exclusion under these circumstances. I further agree with the conclusion that the State's request for what is effectively a new common law exception for discovery violations by the State is misguided and unfounded in the law. I write separately, however, because I believe this case can and should be decided on narrower and firmer grounds.

¶ 18. I would resolve this case on the legal grounds proffered by the circuit court, which expressly based its sanction on…