Client was charged as an accomplice to Robbery. She was adamant that her partner was behind the theft and she was unaware of his intent. We set the case for trial. Due to defense counsel’s background as a former prosecutor, defense was able to infer that the state did not turn over all of the loss prevention reports. Not even the assigned prosecutor realized there was a missing report until we were halfway into trial. Defense argued to the Court that the missing discovery prejudiced their ability to prepare for trial and therefore violated client’s constitutional rights. The court was persuaded by counsel’s arguments and dismissed the case with prejudice!
