State v. Bowers

SCHEB, Chief Judge.

The State seeks a writ of common law certiorari to review the trial court’s order granting defendant/Bowers’ pretrial motion to exclude the testimony of defendant/Platt from Bowers’ upcoming trial for trafficking in cannabis. The court found that the State’s discovery violations consisting of its failure timely to notify Bowers of a tape recording and its intent to call Detective Platt as a witness required exclusion of the witness. We disagree.

The State filed an information charging Bowers with trafficking in marijuana. On September 14,1981, he demanded discovery.…