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Criminal Law: Exclusion of Witness-Discovery Violation

Where a defendant in a statutory sodomy and incest case argued that the trial court abused its discretion by excluding his father as a defense witness in response to a discovery violation, the exclusion was not an abuse of discretion because the late endorsement of the witness unfairly surprised the state and the testimony would have been cumulative and collateral, and the trial court did not plainly err by providing jury instructions to the jury without requiring the jury to find that the charged conduct occurred in Johnson County.

Judgment is affirmed.

State v. Kerksiek (MLW No. 79555/Case No. WD84784 – 16 pages) (Missouri Court of Appeals, Western District, Mitchell, J.) Appealed from circuit court, Johnson County, Wagner, J. (Andrew Bailey and Daniel N. McPherson, Jefferson City, for respondent) (Jonathan Sternberg, Kansas City, Missouri, for appellant).

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