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State v. Gutierrez11/15/1995
2d 798 (1974). Defendant interprets the metropolitan court rule as placing the burden upon each party to locate and turn over recorded statements of all witnesses each respective side intends to call at trial. See SCRA 1986, 6-504(C) (Repl. 1995) (same rule for magistrate court as metropolitan court).
8. Both Defendant and the State offer some interesting arguments in support of their respective positions. However, we need not and do not reach the merits of those arguments today, because in this case Defendant has failed to show any unfair prejudice. See . It is apparently undisputed that a copy of the DMV report was, in fact, delivered to the Defendant personally at the time of the incident. Defendant has not shown what happened to that report or why that did not suffice to avoid prejudice. Similarly, an accused should at least explore the "open-file policy" at the district attorney's office, the APD, and the DMV, before claiming the extreme prejudice necessary to justify an outright dismissal. Defendant made no showing of attempting to secure the reports from these other agencies. Most importantly, Defendant failed to show why a less drastic remedy, such as a brief continuance or an order to compel, would not have sufficed. Defendant did not explore those options. All Defendant really needed was an opportunity to obtain these statements prior to cross-examination. Therefore, the district court was well within its discretion to reject dismissal, absent a showing that all other recourse was inadequate or unfair. See ), rev'd on other grounds, .
9. For the reasons stated, the decision of the district court is hereby affirmed in all respects.
10. IT IS SO ORDERED.
RICHARD C. BOSSON, Judge
WE CONCUR:
RUDY S. APODACA, Chief Judge
LYNN PICKARD, Judge
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