439 P.3d 747
Wyo.2019Background
- Christopher Requejo was charged with two counts of aggravated assault with a deadly weapon arising from an attempted forced entry while wielding a machete; he pleaded not guilty and the case proceeded to jury trial.
- Requejo served written discovery demands on the State on September 11, 2017, requesting recorded statements (Rule 16) and witness statements (Rule 26.2); the court issued no separate discovery order.
- The State failed to produce two recordings (a victim 911 call and Requejo’s post-arrest statement) until January 24, 2018—three working days before trial—and the parties stipulated to suppress those recordings.
- Requejo moved to dismiss the charges with prejudice as a sanction for the late disclosure; the district court denied the motion, offered continuances (which Requejo declined), and the jury convicted him on both counts.
- The district court found no bad faith by the State, no prejudice to Requejo (the evidence was inculpatory and suppressed), and that lesser sanctions/continuance were adequate; Requejo appealed the denial of dismissal.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the district court abused its discretion by refusing to dismiss with prejudice for late discovery | Requejo: late disclosure prejudiced plea negotiations and barred preparation of a voluntary intoxication defense; dismissal appropriate | State: disclosure was inadvertent (glitch), no bad faith, evidence was suppressed and harmful to defendant, continuance or other sanctions suffice | Court: No abuse of discretion; dismissal was unnecessary because no bad faith, no demonstrable prejudice, and less severe remedies were adequate |
Key Cases Cited
- Lawson v. State, 994 P.2d 943 (Wyo. 2000) (trial court has discretion in choosing sanctions for discovery violations)
- Lindsey v. State, 725 P.2d 649 (Wyo. 1986) (same)
- Naple v. State, 143 P.3d 358 (Wyo. 2006) (sets three-factor test for dismissal: reason for delay/bad faith, prejudice, feasibility of cure; dismissal is last resort)
- United States v. Anderson, 778 F.2d 602 (10th Cir. 1985) (dismissals for prosecutorial misconduct are rare)
- Jones v. State, 568 P.2d 837 (Wyo. 1977) (911 calls may be witness statements under discovery rules)
- Black v. State, 405 P.3d 1045 (Wyo. 2017) (distinguishable precedent where court found bad faith and loss of electronic evidence warranted dismissal)