State v. Gonzales, 912 P.2d 297 (N.M. Ct. App. 1996)

Cases | State v. Gonzales, 912 P.2d 297 (N.M. Ct. App. 1996) | 2018

The defendant was charged with criminal sexual penetration. The trial court required the State to make the complaining witness’s medical and psychotherapy records available for in camera review. The prosecution did not comply with the discovery request, and the trial court granted the defendant’s motion to dismiss. The State appealed on the ground that the trial court abused its discretion in ordering the complaining witness to authorize judicial access to her records. The appellate court held that dismissal of the charges against defendant was appropriate. Neither N.M. Const. art. II, § 24(A)(1) nor N.M. Stat. Ann. § 30-9-16 gave victims the right to disclose their medical records selectively to police and prosecutors and then invoke an “absolute” privilege against in camera inspection. The complaining witness’s medical releases in favor of a police detective terminated the confidentiality of the records and thereby constituted waiver of her right to rely on the physician-psychotherapist privilege of Rule 504.