# Kern v. State

> Supreme Court of Missouri · March 11, 1974 · 507 S.W.2d 8

URL: https://www.frixlaw.com/law-library/cases/5042401

## Case

- **Full name:** Joe Allen KERN v. STATE of Missouri
- **Court:** Supreme Court of Missouri
- **Decided:** March 11, 1974
- **Citations:** 507 S.W.2d 8; 1974 Mo. LEXIS 735
- **Precedential status:** Published
- **Opinion:** Concurrence by Donnelly
- **Judges:** Bardgett, Donnelly, Finch, Henley, Holman, Morgan, Seiler
- **Cited by:** 5 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/5042401

## Opinion text

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.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/5042401. Public record. Not legal advice.