State v. Allen

I concur in the result of the majority opinion affirming the conviction of Charles Alen. I write separately because I believe that there was no prejudice to Allen by the exclusion of Ms. Gray’s testimony and, therefore, no abuse of discretion by the trial judge. Nevertheless, I believe that the trial court erred in not asking the State to identify what prejudice it claimed resulted from the late endorsement of the witness.

A violation of Rule 25.05 requiring disclosure of witness identity by both the *232State and a defendant exposes either party to potential sanctions under Rule 25.16:

If at any…