State v. Moore

In this case, we are called upon to decide whether a prosecutor has violated Crim. R. 16 by not producing, pursuant to a defendant’s timely and proper discovery request, all recorded statements made by such defendant. Further, if such a violation is found, it must be determined whether the violation was prejudicial to the defendant in order to avoid the effect of the harmless-error rule.

Crim. R. 16 provides in pertinent part:

“(A) Demand for discovery. Upon written request each party shall forthwith provide the discovery herein allowed. * * *”

It is uncontroverted that appellant made a proper…