Mathis v. State

819 P.2d 1302, 112 N.M. 744
CourtNew Mexico Supreme Court
DecidedSeptember 24, 1991
Docket19717
StatusPublished
Cited by30 cases

This text of 819 P.2d 1302 (Mathis v. State) is published on Counsel Stack Legal Research, covering New Mexico Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Mathis v. State, 819 P.2d 1302, 112 N.M. 744 (N.M. 1991).

Opinion

OPINION

FEANCHINI, Justice.

We granted certiorari to consider the following questions: (1) whether the court of appeals erred in its interpretation of our writ of prohibition, and (2) whether the court of appeals erred in reversing the trial court’s order of dismissal based upon the state’s bad faith failure to provide discovery. We answer yes to both questions, reverse the court of appeals, and remand for dismissal.

Jimmy and Benny Mathis were charged with drug trafficking based on information supplied to the state by Owen Bradley, a paid informant. On February 4, 1988, defendants filed a motion for discovery, requesting in part a list of all cases filed by the State of New Mexico pursuant to information received from Bradley. Bradley had arranged and personally transacted the alleged drug deals with defendants in this case. He was the prosecution’s key witness, and the discovery information requested by defendants was crucial to their ability to cross-examine Bradley and test his credibility.

On July 25, 1988, the district court entered an order granting some of defendants’ discovery requests, specifically:

A complete list by style to include but not limited to Defendants’ names, courts, court numbers, dates of filing, and summary of charges of every case filed by the State of New Mexico in any court in the State of New Mexico which was based upon information supplied by Owen Bradley.

The list was to include only cases “now public in which Owen Bradley’s identity was disclosed.”

The state failed to provide the discovery, and on November 18, 1988, the district court heard and denied defendants’ motion to dismiss for failure to comply with the discovery order. During the course of the hearing, it became obvious that the New Mexico Department of Public Safety (the Department) had not cooperated with the district court in producing the discovery material, and the court ordered the Department to deliver the requested discovery. On January 5, 1989, the court denied the Department’s motion to set aside the November 18, 1988 order, and gave the Department until March 1, 1989, to comply with the discovery.

About a week before the deadline, the Department filed a petition with this court for a writ of prohibition, seeking relief from the district court’s discovery orders on jurisdictional grounds. On April 12, 1989, we issued an alternative writ of prohibition, setting aside the November 18, 1988 and January 5,1989 orders, and ordering the district court to proceed under the July 25, 1988 order after granting the Department notice and an opportunity to be heard.

In accordance with our writ, on June 15, 1989, the district court ordered the Department to show cause why it should not comply. The Department appeared specially at the hearing to object on the same jurisdictional grounds it presented to us at the hearing on the writ of prohibition. On June 30,1989, the district court ordered the state to produce the materials by July 10, 1989.

On July 10, 1989, the Department filed the affidavit of Major A. Wickard, head of the Department’s Narcotics Bureau. The affidavit stated that he had searched the records, and that the records showed Bradley had worked with New Mexico State Police narcotics agents — some currently active and others retired; that he had contacted the currently employed agents but none of them recalled the informant’s name being made public; that he had made several unsuccessful attempts to contact retired officers; and that the Narcotics Bureau records did not indicate Bradley’s name being made public.

On September 19, 1989, the district court granted defendants’ motion to dismiss the case with prejudice for failure to comply with the July 25, 1988 order. The court found the entire eighteen-month delay in the case attributable to the Department’s reluctance to provide discovery even when ordered to do so. The district court also found that the Wickard affidavit did not establish that the Department acted in good faith in this matter. The Department appealed and the court of appeals reversed, finding an abuse'of discretion in the dismissal of the criminal charges. State v. Mathis, 111 N.M. 687, 808 P.2d 972 (Ct.App. 1991).

First, we address the effect of our permanent writ issued April 12, 1989. The writ set aside the district court’s orders of November 18, 1988, and January 5, 1989, and ordered the district court to desist from entering further orders to the Department without giving the Department prior notice and an opportunity to be heard. Additionally, we ordered the district court to proceed under its prior order of July 25, 1988, in “a manner not inconsistent with this order.” The court of appeals majority interpreted the writ as not barring “the Department or its officials from challenging the July 25, 1988 order as it might affect them after they were afforded notice and an opportunity to be heard.” Mathis, 111 N.M. at 691, 808 P.2d at 976. It reasoned that to interpret the writ otherwise would render the right to notice and a hearing superfluous. We disagree, and find that the writ foreclosed additional challenges by the Department to the district court’s authority to order the discovery.

To allow yet another challenge by the Department would destroy the prosecutorial team concept as set forth in State v. Wisniewski, 103 N.M. 430, 708 P.2d 1031 (1985). In Wisniewski, we held that the requirement set forth in Brady v. Maryland, 373 U.S. 83, 83 S.Ct. 1194, 10 L.Ed.2d 215 (1963), of disclosing exculpatory evidence, applies to all members of the prosecutorial team, including police authorities. Wisniewski, 103 N.M. at 435, 708 P.2d at 1036. The purpose of the Department of Public Safety is “to establish a single unified, department to consolidate state law enforcement and safety functions in order to provide better management, real coordination and more efficient use of state resources.” NMSA 1978, § 9-19-3 (Repl. Pamp.1991). The Department is the “state” for purposes of criminal prosecutions and the prosecutor is the attorney for the “state.” Allowing yet another jurisdictional challenge to the discovery order would result in a dangerous precedent, divorcing from the prosecutorial team such agencies as the state crime lab, motor vehicle department, corrections, human services and others. We must remember that the purpose of discovery is to ascertain the truth. State v. Manus, 93 N.M. 95, 103, 597 P.2d 280, 288 (1979). Also, "the interest of the prosecution is not that it shall win the case, but that it shall bring forth the true facts surrounding the commission of the crime so that justice shall be done * * *.” United States v. Butler, 567 F.2d 885, 893 (9th Cir.1978) (Ely, J., concurring).

Additionally, we can understand how the court of appeals misinterpreted our previous order, and we agree with the dissent that our writ should have been more explicit on this issue.

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Bluebook (online)
819 P.2d 1302, 112 N.M. 744, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mathis-v-state-nm-1991.