STATE v. OUSLEY

No. SC93074.

419 S.W.3d 65 (2013)

STATE of Missouri, Respondent, v. Jerry OUSLEY, Appellant.

Supreme Court of Missouri, En Banc.

Rehearing Denied February 25, 2014.


Attorney(s) appearing for the Case

Roxanna A. Mason, Public Defender's Office, St. Louis, for Ousley.

Timothy Blackwell, Attorney General's Office, Jefferson City, the State.


MARY R. RUSSELL, Chief Justice.

Jerry Ousley challenges his conviction for forcible rape, claiming that the trial court erred in excluding certain testimony from surrebuttal. This Court holds that, although the testimony had previously been excluded from Ousley's case-in-chief as a discovery sanction for late disclosure, this sanction did not authorize its exclusion from surrebuttal because the testimony would have rebutted...

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