People v. Forrest

Defendant was convicted, after jury trial, of aggravated battery, criminal damage to property,and mob action. Court abused its discretion by imposing the most onerous sanction of excluding defense witness' testimony as sanction for Defendant failing to disclose witness until day of trial. Court is required to consider available alternative sanctions, materiality of evidence, prejudice, and bad faith, to exercise sound discretion. Imposition of sanctions was harmless error, and late disclosure was not ineffective assistance of counsel, as there was not a reasonable probability that Defendant would have been acquitted had witness' testimony been admitted.(KNECHT and APPLETON, concurring.)