Wednesday, March 13, 2013

Summary 2013 WY 29

Summary of Decision March 13, 2013

Justice Hill delivered the opinion for the Court. Affirmed.


Docket Number: S-12-0183


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

[SPECIAL NOTE: This opinion uses the "Universal Citation." It was given an "official" citation when it was issued. You should use this citation whenever you cite the opinion, with a P.3d parallel citation. You will also note when you look at the opinion that all of the paragraphs are numbered. When you need to provide a pinpoint citation to a quote the universal portion of the citation will use that paragraph number. The pinpoint citation in the P.3d portion will need to have the reporter page number. If you need assistance in putting together a citation from this, or any future opinion using the Universal Citation form, please contact the Wyoming State Law Library and we will provide any needed assistance]

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