Liket v. State

In this appeal, we affirm the trial court’s admission of the testimony of a surprise prosecution witness to the effect that the defendant had confessed to him. The State failed to inform the defense of the existence or testimony of this witness prior to calling him to testify on the last day of the State’s case-in-chief. We are asked to decide whether the State has a duty to disclose in advance the identity or testimony of a prosecution witness when such information is not exculpatory. We decide that it does not have such a duty. 1

Facts

On January 20, 1996, Chris Moore and his son Cecil…