Wednesday, April 03, 2013

Summary 2013 WY 39

Summary of Decision April 3, 2013

Justice Hill delivered the opinion for the Court. Affirmed.


Docket Number: S-12-0185


Appeal from the District Court of Sweetwater County, Honorable Jere A. Ryckman, Judge.

Representing Appellant: James P. Castberg, Sheridan, WY.

Representing Appellee: Gregory A. Phillips, Wyoming Attorney General; David L. Delicath, Deputy Attorney General; Theodore R. Racines, Senior Assistant Attorney General; Professor Darrell D. Jackson, Prosecution Assistance Clinic; Emily N. Thomas, Student Director; Caitlin Wallace, Student Intern. Argument by Ms. Wallace.

Date of Decision: April 3, 2013

Facts: Appellant Deon Allen Leonard, after being convicted of four counts of sexual abuse of a minor in the second degree, complained on appeal that prosecutorial misconduct occurred and that his trial’s counsel’s performance was deficient.

Issues: Leonard presents two issues:

The prosecuting attorney’s misconduct during the trial precluded [Leonard] from receiving a fair trial as guaranteed by the due process clause of the 14th amendment to the constitution.

[Leonard] was denied a fair trial as a result of the violation of his 5th amendment right against self-incrimination caused by the deficient assistance of counsel.

Holdings: The Court concluded that the alleged improper question asked by the prosecutor at trial was not improper and thus no prosecutorial conduct occurred. Furthermore, Leonard does not meet his burden of showing that defense counsel’s performance on his behalf was deficient. Affirmed.

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

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