State v. Layne

2008 NMCA 103, 189 P.3d 707, 144 N.M. 574, 2008 WL 3319043
CourtNew Mexico Court of Appeals
DecidedJune 26, 2008
Docket27,467
StatusPublished
Cited by31 cases

This text of 2008 NMCA 103 (State v. Layne) is published on Counsel Stack Legal Research, covering New Mexico Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Layne, 2008 NMCA 103, 189 P.3d 707, 144 N.M. 574, 2008 WL 3319043 (N.M. Ct. App. 2008).

Opinion

OPINION

VIGIL, Judge.

{1} Law enforcement officers used a confidential informant (Cl) in a controlled purchase of methamphetamine. The State voluntarily disclosed the informant’s identity to Defendant because it intended to call her as a witness at trial. The district court then ordered the State to provide discovery about her prior work as a confidential informant. The State refused to comply with the order, and the district court entered its order prohibiting the Cl from testifying at trial. The State appeals, arguing that the district court erred in (1) ordering the discovery and (2) excluding testimony from the Cl at trial. Finding no abuse of discretion, we affirm.

FACTUAL AND PROCEDURAL BACKGROUND

{2} Defendant was arrested and charged with one count of distribution of methamphetamine after law enforcement officers used the Cl in a controlled purchase. Prior to the controlled purchase, the officers searched the Cl and her vehicle and equipped her with a sound transmitter. The Cl subsequently emerged from Defendant’s residence with approximately 5.2 grams of methamphetamine in her possession. The Cl was paid for her participation in the controlled purchase.

{3} Defendant filed a motion seeking disclosure of the Cl’s identity and impeaching information such as her prior arrest and conviction records, information regarding any promises or agreements she made with law enforcement or the State, and any information revealing her interest, motive, or bias. The State conceded that the Cl’s identity was subject to disclosure because it intended to call her as a witness at trial, and it agreed to make her available for an interview by defense counsel. Following the interview, Defendant requested “full disclosure of the witness’s work with Region II, including names of all ‘targets,’ or people with whom she and Region II agents made drug deals in an undercover capacity.” The State objected to disclosure of this information, arguing that the information was irrelevant, that the Cl’s identity was not revealed in the other cases, and that such revelation could pose a threat to her safety. The State also argued that Defendant failed to show how the information was relevant, helpful, or necessary to his defense.

{4} The district court held an in camera hearing in which it reviewed the information sought by Defendant and heard arguments from both the State and Defendant. Following the hearing, the district court made specific findings that (1) the witness Cl was in fact an “actual participant” in the investigation of the case; (2) the witness was one of only two eye witnesses to the crime charged, the other being Defendant; (3) it was the action of the State and its officers that caused the witness to be transformed from a Cl into an eye witness; (4) the State’s ease relies on the veracity of its eye witness; and (5) the documents sought by Defendant would describe the activities of the witness when she was working for the State as an informant and may lead to relevant evidence to attack her credibility. In accordance with its findings, the district court granted Defendant’s discovery motion.

{5} The State refused to provide the information in violation of the court order. As a result, the district court ordered that the Cl’s testimony be excluded at trial.

DISCUSSION

Discovery Order

{6} The State appeals the district court’s discovery order. “The granting or denial of discovery in a criminal case is a matter peculiarly within the discretion of the trial court which we review under an abuse of discretion standard.” State v. Desnoyers, 2002-NMSC-031, ¶ 25, 132 N.M. 756, 55 P.3d 968 (internal quotation marks and citation omitted), abrogated on other grounds as recognized by State v. Forbes, 2005-NMSC-027, ¶ 6, 138 N.M. 264, 119 P.3d 144. “An abuse of discretion occurs when the ruling is clearly against the logic and effect of the facts and circumstances of the case. We cannot say the trial court abused its discretion by its ruling unless we can characterize it as clearly untenable or not justified by reason.” State v. Rojo, 1999-NMSC-001, ¶ 41, 126 N.M. 438, 971 P.2d 829 (internal quotation marks and citation omitted).

{7} The State’s argument relies heavily on language our appellate courts have used in cases in which we have affirmed the district courts’ refusal to order discovery in certain situations. However, the fact that a district court does not abuse its discretion in refusing to order discovery in a certain situation does not establish that another court will abuse its discretion in ordering discovery in a like situation. Cf. State ex rel. Children, Youth & Families Dep’t v. Vincent L., 1998-NMCA-089, ¶ 14, 125 N.M. 452, 963 P.2d 529 (indicating, in the analogous discretionary area of admission or exclusion of evidence, that a trial court is not compelled to admit evidence simply because another case has held similar evidence admissible). The very essence of discretion is that there will be reasons for the district court to rule either way on an issue, and whatever way the district court rules will not be an abuse of discretion. See Mayeux v. Winder, 2006-NMCA-028, ¶ 43, 139 N.M. 235, 131 P.3d 85. The State’s arguments in this case are not consistent with the applicable standard of review.

{8} The district corut held an in camera hearing in which it reviewed the document Defendant sought to discover. The document contained a list of cases the Cl had assisted law enforcement with, as well as the disposition of those cases. At the hearing, Defendant argued that while the actual information on the document may not contain evidence which would be admissible at trial, it might lead to the discovery of evidence relevant to his defense. The State argued that the document was irrelevant and that the CPs safety might be compromised by disclosure because the individuals involved in the other eases did not know her identity.

{9} In making its ruling, the district court considered Rule 5 — 503(C) NMRA, entitled “Scope of discovery,” which states:

Unless otherwise limited by order of the court, parties may obtain discovery regarding any matter, not privileged, which is relevant to the offense charged or the defense of the accused person, including the existence, description, nature, custody, condition and location of any books, documents or other tangible things and the identity and location of persons having knowledge of any discoverable matter. It is not ground for objection that the information sought will be inadmissible at the trial if the information sought appears reasonably calculated to lead to the discovery of admissible evidence.

Id. Noting that the Cl was the only eye witness to the alleged crime and that the State’s case rests heavily on her testimony, the district court concluded that the document could lead to relevant evidence to attack her credibility and ordered its production. The district court stipulated that the document be released exclusively to defense counsel, with the understanding that counsel was not permitted to disclose the information to Defendant or any third parties.

{10} The State, as the appellant, bears the burden of establishing an abuse of discretion. See State v. Sosa, 1997-NMSC-032, ¶ 7, 123 N.M. 564, 943 P.2d 1017.

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Cite This Page — Counsel Stack

Bluebook (online)
2008 NMCA 103, 189 P.3d 707, 144 N.M. 574, 2008 WL 3319043, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-layne-nmctapp-2008.