Friday, November 08, 2013

Summary 2013 WY 139

Summary of Decision November 8, 2013

Justice Davis delivered the opinion for the Court. Affirmed.


Docket Number: S-13-0009


Appeal from the District Court of Uinta County the Honorable Dennis L. Sanderson, Judge

Representing Appellant: Nathan W. Jeppsen, Law Offices of Nathan W. Jeppsen, APC, Rock Springs, Wyoming.

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

Date of Decision: November 8, 2013

Facts: A Uinta County jury found Appellant Jeremiah Leach guilty of first degree sexual assault on a physically helpless woman. He contends that the district court erred in admitting statements he made to police, and that certain statements made by the prosecuting attorney in rebuttal closing argument were improper and prejudicial.

Issues: Leach raises two issues, which we condense as follows: 1. Did the district court abuse its discretion in admitting Leach’s statements to police? 2. Did the prosecutor improperly refer to facts not in evidence during his closing argument?

Holdings/Conclusion: The district court properly admitted Leach’s statements to the police, and the prosecutor did not improperly argue facts not in evidence in rebuttal closing. The Judgment and Sentence Nunc Pro Tunc of the District Court for the Third Judicial District is therefore affirmed.

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)!