Did Trial Court Abuse Its Discretion By Dismissing Charges Based on Discovery Violation by the State in Criminal Case?

Prosecutor Argues Court Must Impose 'Least Severe' Sanction that Remedies Violation

State of Ohio v. Demetrius Darmond, Case nos. 2012-0081 and 2012-0195

Eighth District Court of Appeals (Cuyahoga County)

ISSUE: Does the Supreme Court of Ohio's 1987 holding in Lakewood v. Papdelis that a trial court must impose the "least severe sanction" necessary to remedy a criminal defendant's discovery violation also require a court to determine and apply the "least severe sanction" for a discovery violation committed by the state in a criminal case?