State v. Greiff

(dissenting) — The Rules of Criminal Procedure impose a continuing duty to disclose discoverable information. I agree with the majority that the prosecutor violated this duty when he failed to inform defense counsel prior to retrial that the investigating police officer was substantially changing his previous trial testimony. I disagree with the majority that, under the facts of this case, the trial court’s decision to deny the motion for a mistrial was discretionary and no abuse occurred.

As a direct consequence of the prosecutor’s failure to disclose this material change in testimony,…