Alexis Avila is accused of leaving her newborn in the trash behind a Hobbs shopping center last year. The baby was found alive by three people digging through the dumpster.
In June, Avila underwent a three-hour evaluation by Dr. Susan Cave, but it wasn’t until February that her defense disclosed the report.
The state now argues, not only will Dr. Cave’s testimony be conjecture and speculation, but the defense missed its deadline to file the mandatory notice.
Avila’s trial is set to begin on April 11.