# State v. Parson

> Ohio Supreme Court · September 7, 1983 · 6 Ohio St. 3d 442

URL: https://www.frixlaw.com/law-library/cases/6758172

## Case

- **Full name:** The State of Ohio v. Parson
- **Court:** Ohio Supreme Court
- **Decided:** September 7, 1983
- **Citations:** 6 Ohio St. 3d 442; 6 Ohio B. 485; 453 N.E.2d 689; 1983 Ohio LEXIS 852
- **Precedential status:** Published
- **Opinion:** Dissent by Brown
- **Judges:** Brown, Celebrezze, Holmes, Locher, Sweeney
- **Cited by:** 344 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/6758172

## How later opinions describe it (automated extraction)

- finding no abuse of discretion in admitting untimely disclosed evidence where none of the three elements was present
- emphasizing that by the time the undisclosed evidence was admitted into the trial, appellant was well aware of its existence

## Opinion text

William B. Brown, J.,
dissenting. While I would agree with the majority’s position that the statement at issue was discoverable pursuant to Crim. *447 R. 16, I disagree with the majority’s conclusion that the failure to comply with Crim. R. 16 in this case was nonprejudicial to the rights of the appellant herein.
Appellant’s entire defense rested on a credible alibi. The extrajudicial statement of appellant’s co-defendant, which the state wrongfully failed to disclose, bore directly on the credibility of appellant’s alibi defense. If the defense had known of this statement, as the majority holds it should have, and of its potential for admission prior to the commencement of the trial, it may well have changed the entire posture of its defense strategy.
Under the facts of this case, “* * * prohibiting] the * * * [state] from introducing in evidence the material not disclosed * * *” as provided for in Crim. R. 16 (E)(3) is the only viable sanction.

---

Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/6758172. Public record. Not legal advice.