Missouri Court of Appeals, Western District / Jun 7, 2022
State of Missouri vs. A.S.
The State appealed the trial court's dismissal of a criminal complaint against A.S. with prejudice, which was based on the State's failure to disclose a witness list prior to a preliminary hearing. The State argued that the trial court erroneously relied on Rule 25.03(b)(2), which applies only after indictment or information, rather than Rule 25.03(a), which applies to complaints and does not require a witness list. The appellate court reversed the dismissal, finding that the trial court plainly erred in misapplying the discovery rule, which resulted in manifest injustice.