Originally Posted by
pmocek
Do you mean to say that in most states, in order for the defense to present evidence at trial, they must provide discovery prior to trial (i.e., regardless of earlier intent, in order to present it at trial, it must have been provided to prosecution prior to the trial)? If you did mean "intends to present at trial," then what constitutes intent? If that was the case, it seems defense would never intend to present any evidence until after trial begins so that it wouldn't need to be provided earlier.
There are numerous appellate court decisions discussing the issues you raised and interpreting the applicable law. I suggest you consult your attorneys for the applicable law in New Mexico.
These are the statutory provisions where I practice:
(a) The defendant and his or her attorney shall disclose to
the prosecuting attorney:
(1) The names and addresses of persons, other than the defendant,
he or she intends to call as witnesses at trial, together with any
relevant written or recorded statements of those persons, or reports
of the statements of those persons, including any reports or
statements of experts made in connection with the case, and including the results of physical or mental examinations, scientific tests, experiments, or comparisons which the defendant intends to offer in evidence at the trial.
(2) Any real evidence which the defendant intends to offer in
evidence at the trial.
<snip>
The disclosures required under this chapter shall be made
at least 30 days prior to the trial, unless good cause is shown why a
disclosure should be denied, restricted, or deferred. If the
material and information becomes known to, or comes into the
possession of, a party within 30 days of trial, disclosure shall be
made immediately, unless good cause is shown why a disclosure should be denied, restricted, or deferred. "Good cause" is limited to threats or possible danger to the safety of a victim or witness, possible loss or destruction of evidence, or possible compromise of other investigations by law enforcement.
Upon the request of any party, the court may permit a showing of
good cause for the denial or regulation of disclosures, or any
portion of that showing, to be made in camera. A verbatim record
shall be made of any such proceeding. If the court enters an order
granting relief following a showing in camera, the entire record of
the showing shall be sealed and preserved in the records of the
court, and shall be made available to an appellate court in the event
of an appeal or writ. In its discretion, the trial court may after
trial and conviction, unseal any previously sealed matter.
Failure to comply with these provisions can result in sanctions including the exclusion of the proffered evidence.