Joseph T. Deters , Hamilton County Prosecuting Attorney, and Philip R. Cummings , Assistant Prosecuting Attorney, urging reversal on behalf of amicus curiae Ohio Prosecuting Attorneys Association.
Supreme Court of Ohio.
O'NEILL, J.
{¶ 1} On the first day of a nonjury felony trial, during the testimony of the first witness, the trial court became aware that the state had failed to disclose to the defendant some evidence related to the case. The record is clear that the discovery violation was unintentional. The court noted that the undisclosed evidence "could be inculpatory or exculpatory," but it never...
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