People v. Taylor

This case calls for a reexamination of People v Florinchi, 84 Mich App 128; 269 NW2d 500 (1978), lv den 405 Mich 828 (1979), People v Pace, 102 Mich App 522; 302 NW2d 216 (1980), and People v Turner, 120 Mich App 23; 328 NW2d 5 (1982), dealing with prosecutorial failure to comply with discovery agreements and orders.1 Those cases equated such noncompliance with an unconstitutional denial of due process,2 and Pace reduces the entire problem to one test unless such undisclosed evidence is excluded at trial:

Where a prosecutor has violated a discovery order — even if done inadvertently in good…