Thursday, August 08, 2013

Summary 2013 WY 94

Summary of Decision August 7, 2013

Justice Voigt delivered the opinion for the Court. Reversed and remanded to the district court for further proceedings.


Docket Number: S-12-0191


Appeal from the District Court of Laramie County the Honorable Thomas T.C. Campbell, Judge

Representing Appellant: Diane M. Lozano, State Public Defender; Tina N. Olson, Chief appellate Counsel. Argument by Ms. Olson.

Representing Appellee: Gregory A. Phillips, Wyoming Attorney General; David L. Delicath, Deputy Attorney General; Theodore R. Racines, Senior Assistant Attorney General; Jeffrey S. Pope, Assistant Attorney General. Argument by Mr. Pope.

Date of Decision: August 7, 2013

Facts: A jury found the appellant guilty of three counts of first-degree sexual abuse of a minor. On appeal, the appellant raises four separate allegations of error in the district court.

Issues: Did the district court abuse its discretion when, under the particular circumstances of this case, it reversed its prior ruling and admitted certain uncharged misconduct evidence under W.R.E. 404(b), such reversal occurring after the State had rested?

Holdings: In reaching the conclusion that the district court abused its discretion when it changed its prior ruling and allowed the evidence, we do not suggest that a district court may never reconsider a prior ruling on 404(b) evidence and allow evidence it previously ruled inadmissible. To the contrary, a district court can and should reconsider a prior ruling when good reason appears on the record and no prejudice results. Where, as here, however, the record does not show good reason existed and the evidence was clearly prejudicial, it was not reasonable for the district court to reverse its ruling. Reversed and remanded to the district court for further proceedings.

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]

No comments:

Check out our tags in a cloud (from Wordle)!