State v. Darmond
Annotate this CaseThe two defendants in this case pled not guilty to drug related charges. On the first day of the nonjury felony trial, during the testimony of the first witness, the trial court became aware that the State had failed to disclose to Defendants some evidence related to the case. The discovery violation was unintentional. On motion by the defense, the trial court declared a mistrial and dismissed the charges with prejudice. The appellate court affirmed. The Supreme Court reversed, holding that the failure of the trial court to explore whether a less severe sanction was appropriate was an abuse of discretion. Remanded.
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