Opinion

Kern v. State

  • 507 S.W.2d 8
  • 1974 Mo. LEXIS 735
Court
Supreme Court of Missouri
Filed
Mar 11, 1974
Status
Published
Author
Donnelly
On the bench
Bardgett, Donnelly, Finch, Henley, Holman, Morgan, Seiler
Cited by
5 cases

The opinion

DONNELLY, Chief Justice

(concurring).

I would add a comment to the principal opinion.

In many cases, it will be quite difficult for the prosecutor to make a meaningful evaluation as to what information should be divulged to the defense. In this situation, I respectfully suggest that the prosecutor, as a prophylactic against reversible error, disclose all information about which he has a reasonable doubt. To proceed otherwise is to unnecessarily risk a finding on appellate review, as in this case, that defendant has been denied a fair trial, and due process, because the nondisclosed information might have been put to use by counsel for defendant in preparing or presenting his defense at trial.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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