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507 S.W.2d 8

Kern v. State

Supreme Court of Missouri

Decided March 11, 1974

Supreme Court of Missouri · decided 1974-03-11

Cited by 5 later decisions — most recently July 1978

5 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1974-03-11

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DONNELLY, Chief Justice

¶1(concurring).

¶2I would add a comment to the principal opinion.

¶3In 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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