Summary 2010 WY 112

Summary of Decision issued August 5, 2010

Summaries are prepared by Law Librarians and are not official statements of the Wyoming Supreme Court.

Case Name: McClure, Jr. v. State

Citation: 2010 WY 112

Docket Number: S-09-0243

Appeal from the District Court of Lincoln County, the Honorable Dennis L. Sanderson, Judge.

Representing McClure: Diane Lozano, State Public Defender; Tina Kerin, Appellate Counsel; and David E. Westling, Senior Assistant Appellate Counsel.

Representing State: Bruce A. Salzburg, Wyoming Attorney General; Terry L. Armitage, Deputy Attorney General; D. Michael Pauling, Senior Assistant Attorney General; Craig C. Cook, Student Intern for the Prosecution Assistance Program

Facts/Discussion: McClure appealed from the district court’s order denying his motion for new trial based on newly discovered evidence. McClure contended he was denied both his right to be present and his right to confront witnesses against him when the district court held the hearing on his motion for new trial without his physical presence. He also claimed his right of confrontation was abridged when two witnesses were permitted to testify telephonically at the hearing.
The constitutional provisions requiring a defendant’s presence pertain only to proceedings that are a part of, and are critical to the outcome of, the criminal prosecution. McClure did not direct the Court to any authority that the constitutional right extended to a hearing on a post-trial motion for a new trial. Similarly, McClure did not demonstrate that the procedures employed by the district court – requiring him to appear by telephone and allowing two witnesses to testify telephonically – abridged his right to confrontation under the Sixth Amendment. The decisions of the United States Supreme Court establish that the right to confrontation is a “trial” right.

Conclusion: The Court was unable to conclude that a clear and unequivocal rule of law was transgressed.

Affirmed.

J. Golden delivered the decision.

Link: http://tinyurl.com/2cvdajj .

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