Conviction for homicide 35 years ago reversed
Today in Wyman v. State, the Nevada Supreme Court reversed the conviction of a mother who had been convicted in 2007 for the murder of her toddler in 1974. The reversal was based upon the District Court’s refusal to allow the defendant to subpoena out of state evidence of the psychological records of the only witness to the alleged crime, who was the defendant’s daughter and victim’s sister. The witness’ accusations emerged in the midst of psychological treatment for depression, after several suicide attempts.
Interpreting Nevada’s Uniform Act to Secure the Attendance of Witnesses from Without the State in Criminal Proceedings, NRS 174.395, et seq., the Court held that the Act’s provisions apply to subpoenas duces tecum. The Court further found that the requirement that the witness be material for the Act to apply means that the evidence has a logical connection with facts of consequence to the issues. Applying this test, where the witness accusations had been intertwined with her “mental health issues and treatment to such an extent that her mental health became logically connected with her accusations.” The defendant was prejudiced by the District Court’s failure to allow the records to obtained by the defense.
The Court rejected a challenge to the complaint based on pre-indictment delay. The Court found the defendant had not shown prejudice, as both the prosecution and defense were equally prejudiced by the delay, and had failed to show that the delay had been deliberate to gain a tactical advantage over the defense.
Opinion authored by Hardesty, 7-0.
