Review granted in 'State v. Harris'

(2006AP882-CR)

In this case, the Supreme Court has been asked to determine if a mistrial or continuance should have been granted due to, among other things, tardy disclosure by the prosecution regarding possible fingerprint evidence.

Ronell Harris was convicted of possessing cocaine with intent to deliver. His pretrial discovery request sought exculpatory evidence and reports of scientific evidence. On the morning of the trial, the prosecutor indicated no usable fingerprints were lifted from a baggie. The defense counsel took the position that the state's inability to find usable prints as evidence that scientific testing has been attempted but not disclosed.

The circuit court denied a request for a mistrial – a decision upheld by the Court of Appeals [in an unpublished opinion]. The Court of Appeals concluded that the defendant was not prejudiced by the lack of disclosure, and that the verdict would not have changed as a result of disclosure.

Defense counsel argues that late disclosure destroyed his trial strategy, making it exceedingly difficult to render effective assistance.

The Supreme Court could decide if the failure to disclose the fingerprint information alone or in combination with other errors were so prejudicial to deprive the defendant of effective assistance of counsel. From Sheboygan County.