State v. Wiles

In State v. Wiles (1991), 59 Ohio St.3d 71, 78-79, 571 N.E.2d 97, the supreme court stated that a trial court has discretion under Crim.R. 16(E)(3) to determine the appropriate response for failure of a party to disclose material subject to a valid discovery request. See also State v. Parson (1983), 6 Ohio St.3d 442, 6 Ohio B. 485, 453 N.E.2d 689. To determine whether a trial court has abused its discretion in dealing with Crim.R. 16 violations, we look to whether: (1) the violation was willful; (2) foreknowledge would have benefitted the defendant; (3) the defendant suffered prejudice as a result of the state's failure to disclose the information. Wiles, supra.