State v. Miller

988 P.2d 680, 133 Idaho 454, 1999 Ida. LEXIS 116
CourtIdaho Supreme Court
DecidedSeptember 28, 1999
Docket25261
StatusPublished
Cited by14 cases

This text of 988 P.2d 680 (State v. Miller) is published on Counsel Stack Legal Research, covering Idaho Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Miller, 988 P.2d 680, 133 Idaho 454, 1999 Ida. LEXIS 116 (Idaho 1999).

Opinions

SCHROEDER, Justice.

Thomas M. Miller (Miller) appeals the judgment of conviction and sentence entered against him for the felony of driving under the influence of alcohol (DUI), I.C. §§ 18-8004(1), -8005(5). The Court of Appeals vacated the judgment of conviction and remanded for a new trial after concluding that the district court had abused its discretion by excluding a defense witness from testifying. The exclusion was the sanction imposed against the defense for failing to timely disclose a witness. This matter is before the Court on the State’s petition for review.

I.

BACKGROUND AND PRIOR PROCEEDINGS

The background and prior proceedings were summarized in the Court of Appeals’ decision as follows:

In the early evening hours of April 17, 1996, Coeur d’Alene Police Officer Paul Burke observed Thomas Michael Miller’s van make a wide left-hand turn from Gibb’s Tavern parking lot onto Emma Avenue in Coeur d’Alene. As the van turned onto Emma Avenue, it accelerated and the tires kicked gravel and debris up from the extreme right-hand side of the road. After confirming with radar that the van was traveling at a rate of 40 mph in a 25 mph zone, Officer Burke activated his overhead lights and the driver of the van pulled over.
Officer Burke asked Miller for his driver’s license, registration and proof of insurance. Officer Burke testified that in speaking with Miller, he observed that Miller’s eyes were glassy, droopy and bloodshot, and that Miller’s speech was slurred. These observations led the officer to believe that Miller was under the influence of alcohol and/or drugs. This belief was bolstered by Miller’s admission that he had consumed a beer. Officer Burke proceeded to administer a number of field sobriety tests. Miller was unable to successfully complete the tests and refused to submit to evidentiary testing to determine his blood alcohol content. Officer Burke then arrested Miller for driving under the influence of alcohol (DUI), I.C. § 18-8004, as well as driving without privileges. The case was eventually bound over to the district court and an information filed charging Miller only with felony DUI. Miller pled not guilty and the case was set for jury trial to commence on December 20, 1996. Following voir dire and jury selection, the prosecutor informed the court that Officer Burke, the state’s key witness, would be unable to be at the trial due to an illness. The prosecutor requested a continuance and defense counsel objected, arguing that the defense was ready to proceed, the jury had been selected, and witnesses were present and ready to testify. The court granted the continuance, noting that the speedy trial time had yet to expire and that the resulting inconvenience did not rise to the level of prejudice sufficient to deny Miller due process. The jury panel was excused prior to being formally sworn to try the ease and the trial rescheduled for January 16,1997.
On January 16, a new jury was selected and trial was held. Both Officer Burke, the arresting officer, and Officer Demetre, his backup, testified at the trial. After the state rested, the jury heard testimony from Brian Casey, a patron at the tavern, and Mary Graddy, the bartender. Mr. Casey testified that he saw Miller the evening of his arrest and that in his opinion, Miller was not under the influence when he left the bar. Ms. Graddy testified that she served Miller only two and one-half beers the evening of his arrest.
As a final witness, the defense attempted to call Mark Durant, an investigator with the public defender’s office. The prosecutor objected on the ground that the witness had “not been revealed in any discovery. We have had no indication that this individual was going to be called.” Defense counsel informed the court that a supplemental discovery response was filed [456]*456on January 10, 1997, listing Durant as a witness. The prosecutor asserted that he had not received the supplemental discovery and objected to the witness testifying due to lack of notice. The prosecutor stated: “And even if he did file it, the State didn’t receive it. Now he wants to call a surprise witness, that’s exactly what the rules are about.” The court noted that Miller’s supplemental discovery response had in fact been filed with the court on January 10,1997, together with a certification of service indicating that a copy of the response was also placed in the interoffice mailbox of the Kootenai County prosecutor on the same date. Because it appeared that the prosecutor had received a copy of the supplemental response listing Durant as a witness, the court permitted him to testify. However, once it became apparent that Durant would be giving testimony as an “expert,” the court sustained the prosecution’s objection to any further testimony by the witness.
Thereafter, the defense rested and the jury returned a verdict finding Miller guilty. On April 18, 1997, Miller was sentenced to serve a unified five-year sentence, with one year fixed, and the court retained jurisdiction.1

Miller appealed. The case was initially heard by the Court of Appeals which concluded that the district court had abused its discretion in excluding Durant’s testimony. The Court of Appeals vacated the conviction and remanded the case for a new trial. Id.

The State filed a timely petition for review which was granted by this Court.

II.

STANDARD OF REVIEW

This Court reviews the district court’s refusal to allow Durant to testify due to a discovery violation under an abuse of discretion standard. State v. Lamphere, 130 Idaho 630, 633, 945 P.2d 1, 4 (1997) (citing State v. Stradley, 127 Idaho 203, 208, 899 P.2d 416, 421 (1995)). This Court reviews an exercise of discretion by conducting a multitiered inquiry to determine: (1) whether the lower court correctly perceived the issue as one of discretion; (2) whether the lower court acted within the boundaries of such discretion and consistent with any legal standards applicable to the specific choice before it; and (3) whether the lower court reached its decision by an exercise of reason. State v. Hedger, 115 Idaho 598, 600, 768 P.2d 1331, 1333 (1989).

“When considering a case on review from the Court of Appeals, this Court gives serious consideration to the Court of Appeals; however, this Court reviews the trial decision directly. This Court is not merely reviewing the correctness of the Court of Appeals’ decision; rather, this Court is hearing the matter as if the case were on direct appeal from the district judge’s decision.” Northland Ins. Co. v. Boise’s Best Autos & Repairs, 131 Idaho 432, 433, 958 P.2d 589, 590 (1998) (citations omitted).

III.

THE DISTRICT COURT DID NOT ABUSE ITS DISCRETION IN EXCLUDING THE DEFENSE WITNESS.

Idaho Criminal Rule 16 requires the defendant, upon written request by the prosecuting attorney, to furnish the State a list of names and addresses of witnesses the defendant intends to call at trial. I.C.R. 16(c)(3). A written response to a discovery request must be served within fourteen days of service of the request. I.C.R. 16(e).

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Cite This Page — Counsel Stack

Bluebook (online)
988 P.2d 680, 133 Idaho 454, 1999 Ida. LEXIS 116, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-miller-idaho-1999.