State v. Finnerty

The issue before this court is when the prosecution, upon a proper discovery request, fails to furnish the defendant with the name of a known rebuttal witness, must the trial court exclude the testimony of the rebuttal witness?

Crim. R. 16 provides for discovery and inspection by either party in a criminal action.2 Crim. R. 16(B) imposes on the prosecutor a duty to disclose certain information upon a proper discovery request made by the defendant. Included in this rule is a provision for discovery of witness’ names, addresses, and records of felony convictions.

“Upon motion of the defendant,…