N.d. v. State of Arkansas

Summary

The court held that the State violated discovery obligations by disclosing two important transfer-hearing witnesses only shortly before the hearing, despite a court-ordered discovery deadline, and that the late disclosure substantially prejudiced the defense. Because the circuit court abused its discretion by permitting the witnesses to testify, the court reversed and directed transfer of the case to juvenile court without reaching the constitutional and other remaining arguments. Justice Brown, joined by Justices Gunter and Baker, dissented, concluding that the witnesses' statements had been disclosed a week earlier and that no reversible prejudice resulted.