Monday, October 07, 2013

Summary 2013 WY 120

Summary of Decision October 2, 2013

Justice Davis delivered the opinion for the Court. Affirmed.


Docket Number: S-12-0163


Appeal from the District Court of Natrona County the Honorable Catherine E. Wilking, Judge

Representing Appellant: Office of the State Public Defender: Diane M. Lozano, State Public Defender, and Elisabeth M.W. Trefonas, Assistant Public Defender, Argument by Ms. Trefonas.

Representing Appellee: Gregory A. Phillips, Wyoming Attorney General; David L. Delicath, Deputy Attorney General; Theodore R. Racines, Senior Assistant Attorney General; Christyne M. Martens, Assistant Attorney General; Darrell D. Jackson, Faculty Director; Emily N. Thomas, Student Director; and Marci Crank Bramlett, Student Intern, of the Prosecution Assistance Program. Argument by Ms. Martens.

Date of Decision: October 2, 2013

Facts: A Natrona County jury found John Allen Moore guilty of a single count of felony larceny, and Moore perfected a timely appeal from the district court’s judgment and sentence.

Issues: Moore raises three issues which we restate as follows: 1. Was Moore’s trial attorney constitutionally ineffective in failing to challenge juror CW for cause? 2. Did the district court abuse its discretion by failing to grant Moore’s motion for a new trial based on the claim that juror BT was mentally incompetent? 3. Does the cumulative effect of the foregoing alleged errors warrant reversal of Moore’s conviction?

Holdings/Conclusion: Moore has failed to establish that he could have been prejudiced in any way by his attorney’s failure to peremptorily challenge alternate juror CW. The district court did not abuse its discretion in allowing his motion for a new trial to be deemed denied after hearing the bailiff’s report relating to juror BT. The cumulative error doctrine is inapplicable to this case. We therefore affirm the judgment and sentence of the district court.

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

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