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STATE v. FINNERTY

No. 88-1720.

45 Ohio St. 3d 104 (1989)

THE STATE OF OHIO, APPELLANT, v. FINNERTY, APPELLEE.

Supreme Court of Ohio.

Decided August 23, 1989.

Attorney(s) appearing for the Case

Gregory A. White, prosecuting attorney, and Jonathan E. Rosenbaum, for appellant.

Smith & Smith Attorneys, Gerald M. Smith and Daniel Wightman, for appellee.

ALICE ROBIE RESNICK, J.

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...

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