STATE v. DARMOND

Nos. 2012-0081 and 2012-0195.

135 Ohio St.3d 343 (2013)

2013-Ohio-966

THE STATE OF OHIO, Appellant, v. DARMOND ET AL., Appellees.

Supreme Court of Ohio.

Decided March 21, 2013.


Attorney(s) appearing for the Case

William D. Mason , Cuyahoga County Prosecuting Attorney, and Katherine Mullin , Assistant Prosecuting Attorney, for appellant.

John P. Parker , for appellee Demetrius Darmond.

Jeff Hastings , for appellee Iris Oliver.

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.


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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