Section 7.32 Sanctions

• Library: Criminal Practice 2012 Supp

J. (§7.32) Sanctions

Rule 25.18 permits the court to impose sanctions for violation of the discovery rules. The court may:

· order the party to make disclosure of material and information not previously disclosed;

· grant a continuance;

· exclude the evidence; or

· enter such other orders as it deems just under the circumstances.

While compliance with the criminal discovery rules is mandatory, violations do not amount to reversible error unless “they result in fundamental unfairness or prejudice to a defendant’s substantial rights.” State v. Cook, 5 S.W.3d 572, 575 (Mo. App. W.D. 1999). Willful violations of the discovery rules are regarded more harshly and could result in sanctions to counsel. But “[a] conviction resulting from a fair trial should not...