Friday, June 29, 2012

Summary 2012 WY 91

Summary of Decision June 27, 2012

Chief Justice Kite delivered the opinion for the Court. Affirmed.


Docket Number: S-11-0238


Appeal from the District Court of Natrona County, Honorable W. Thomas Sullins, Judge

Representing Appellant (Plaintiff/Defendant): Diane Lozano, State Public Defender, PDP; Tina N. Olson, Appellate Counsel; Kirk A. Morgan, Senior Assistant Appellate Counsel.

Representing Appellee (Plaintiff/Defendant): Gregory A. Phillips, Attorney General; David L. Delicath, Deputy Attorney General; D. Michael Pauling, Senior Assistant Attorney General.

Date of Decision: June 27, 2012

Facts: Kevin Eugene Kidwell challenged his convictions for false imprisonment and simple assault. He claimed the prosecutor committed misconduct by failing to give prior notice of evidence suggesting he had attempted to persuade a witness to testify falsely in his favor at trial in violation of W.R.E. 404(b).

Issues: Mr. Kidwell presented the following issue on appeal:

Did the prosecutor commit misconduct when he admitted [sic] 404(b) evidence without providing notice?

The State provided a more detailed statement of the issue:

Proposed defense witness, Andrew Scott, abandoned his plan to testify falsely on Kidwell’s behalf and advised the prosecution of both his plan and his change of heart shortly before the end of the noon recess on the third day of trial. Without first notifying defense counsel, the prosecutor called Scott, to repeat his story, as the second witness of the afternoon. Does the record as a whole support the district court’s conclusion that the prosecutor’s omission was neither misconduct nor prejudicial?

Holdings: Mr. Kidwell failed to demonstrate a clear violation of law or any prejudice. Affirmed.

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

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