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SVP: Discovery Violation — Waiver

State v. Eric Pletz, 2000 WI App 221, 239 Wis.2d 49, 619 N.W.2d 97
For Pletz: Michael J. Backes

Issue: Whether the state’s pretrial failure to disclose that its witness used the RRASOR screening instrument to evaluate Pletz violated his discovery rights.

Holding: Pletz waived any discovery objection by not promptly objecting, given that he was provided this information before the witness testified. ¶26. Moreover, there was no violation in any event: The scientific study which alerted the witness to the RRASOR wasn’t published until after the discovery process, and wasn’t applied by the witness to Pletz until shortly before the witness testified. “The challenged information was new, and the State disclosed the information to Pletz as soon as it discovered it.” ¶¶24-25. (The court further notes that the appropriate remedy for a disclosure violation would have been an adjournment. ¶26 n. 3.)

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