Summary 2013 WY 29

Summary of Decision March 13, 2013

Justice Hill delivered the opinion for the Court. Affirmed.

Case Name: KENNETH JAMES HUCKFELDT v. THE STATE OF WYOMING

Docket Number: S-12-0183

URL: http://www.courts.state.wy.us/Opinions.aspx

Appeal from the District Court of Sweetwater County, Honorable Nena James, Judge

Representing Appellant (Plaintiff/Defendant): W. Keith Goody, Cougar, WA.

Representing Appellee (Plaintiff/Defendant): Gregory A. Phillips, Wyoming Attorney General; David L. Delicath, Deputy Attorney General; Theodore R. Racines, Senior Assistant Attorney General; Darrell D. Jackson, Prosecution Assistance Clinic, Emily N. Thomas, Student Director; and Adrianna J. Potts, Student Intern. Argument by Mr. Racines.

Date of Decision: March 13, 2013

Facts: A jury convicted Kenneth Huckfeldt of sexual assault in the first degree and sexual abuse of a minor in the first degree. Huckfeldt appeals the district court’s denial of a continuance motion and the court’s admission of uncharged misconduct evidence of his prior conviction for sexual assault of a minor.

Issues: Huckfeldt presents the following issues for our review:

Did the district court abuse its discretion when it denied Mr. Huckfeldt’s motion for continuance of the trial due to a missing witness and was it mistaken when it found that the public defender did not use due diligence?

Did the district court abuse its discretion in admitting into evidence testimony of the victim that resulted in a prior conviction of Mr. Huckfeldt for sexual assault?

Holdings: The Court found no abuse of discretion in the district court’s denial of Huckfeldt’s continuance motion or its admission of uncharged misconduct evidence. Affirmed.

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

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