Summary 2013 WY 128

Summary of Decision October 16, 2013

Chief Justice Kite delivered the opinion for the court. Affirmed.

Case Name: ANTHONY DUANE WEST v. THE STATE OF WYOMING

Docket Number: S-13-0012

URL: http://www.courts.state.wy.us/Opinions.aspx

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

Representing Appellant: Office of the State Public Defender: Diane Lozano, State Public Defender; Tina N. Olson, Chief Appellate Counsel; Kirk A. Morgan, Senior Assistant Appellate Counsel. Argument by Mr. Morgan.

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

Date of Decision: October 16, 2013

Facts: Anthony Duane West was convicted after a jury trial of conspiracy to commit burglary. He claims the district court erred by refusing to order one of his coconspirators to submit handwriting exemplars so that Mr. West’s expert witness could evaluate whether the co-conspirator was the author of certain notes sent in jail.

Issues: Did the trial court commit prejudicial error when it denied Mr. West’s request for handwriting exemplars from a co-conspirator?

Holdings/Conclusion: We conclude that the subpoena procedure may be used to order a witness to provide handwriting exemplars; however, any error was harmless. We affirm.

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

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