Friday, August 02, 2013

Summary 2013 WY 89

Summary of Decision July 18, 2013

Justice Hill delivered the opinion for the Court. Affirmed.
Special concurrence by Justice Burke and Justice Voigt


Docket Number: S-12-0240


Appeal from the District Court of Laramie County, the Honorable Michael Davis, Judge

Representing Appellant: Diane Lozano, State Public Defender; Tina N. Olson, Chief Appellate Counsel; and Eric M. Alden, Senior Assistant Appellate Counsel.

Representing Appellee: Gregory A. Phillips, Wyoming Attorney General; David L. Delicath, Deputy Attorney General; Theodore R. Racines, Senior Assistant Attorney General; and Christyne Martens, Assistant Attorney General.

Date of Decision: July 18, 2013

Facts: A jury convicted Lonnie McLaury of sexual assault in the first degree in violation of Wyo. Stat. Ann. § 6-2-302(a)(iii). On appeal, McLaury contends that the district court abused its discretion when it allowed a sexual assault nurse examiner (SANE nurse) to testify, over his objection, as to the statements made by the victim during the physical examination of her.

Issues: McLaury presents one issue: Did the trial court abuse its discretion in allowing hearsay testimony?

Holdings: McLaury’s conviction is affirmed, and we conclude that the district court did not abuse its discretion when it admitted the victim’s statements made during her sexual assault examination under W.R.E. 803(4). Please see the full opinion for the special concurrence.

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

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