Washington v. Salgado-Mendoza (Majority and Dissent)Annotate this Case
At issue in this appeal was whether the trial court in Ascencion Salgado-Mendoza's trial for driving under the influence abused its discretion by refusing to suppress the testimony of the State's toxicology witness. The State initially disclosed the names of nine toxicologists, indicating it intended to call "one of the following" to testify. The State eventually whittled the list down to three names the day before trial, but did not specify which toxicologist it would call until the morning of trial. Salgado-Mendoza moved to suppress the toxicologist's testimony under CrRLJ 8.3(b) based on late disclosure. The trial court refused, finding no actual prejudice to the defense and observing that the practice of disclosing a list of available toxicologists rather than a specific witness was driven more by underfunding of the crime labs than trial mismanagement. The superior court found the trial court abused its discretion and the Court of Appeals affirmed, holding the delayed disclosure violated the discovery rules and caused prejudice. The Washington Supreme Court disagreed, finding that while the State's disclosure practice may have amounted to mismanagement, Salgado-Mendoza did not demonstrate actual prejudice to justify suppression.