Summary 2013 WY 139

Summary of Decision November 8, 2013

Justice Davis delivered the opinion for the Court. Affirmed.

Case Name: JEREMIAH D. LEACH v. THE STATE OF WYOMING

Docket Number: S-13-0009

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

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

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