Summary 2014 WY 13

Summary of Decision January 27, 2014

Justice Voigt delivered the opinion for the court. Affirmed.

Case Name: ROBERT OLAF ANDERSON v. THE STATE OF WYOMING

Docket Number: S-13-0019

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

Appeal from the District Court of Albany County the Honorable Jeffrey A. Donnell, Judge

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

Representing Appellee: Peter K. Michael, Wyoming Attorney General; David L. Delicath, Deputy Attorney General; Jeffrey S. Pope, Assistant Attorney General. Argument by Mr. Pope.

Date of Decision: January 27, 2014

Facts: A jury convicted the appellant of felony driving while under the influence of alcohol. He now challenges two rulings of the district court—one concerning discovery and one concerning the admissibility of evidence—and also alleges his trial counsel was ineffective.

Issues: 1. Did the district court abuse its discretion by denying in part the appellant’s pretrial Request for IntoxNet Database Pursuant to W.S. § 31-6-105(e) and Proof of Compliance with Statutory Predicate for Admission of a Chemical Test Result Under W.S. 31-6-105(a)? 2. Did plain error occur, in the form of a violation of the appellant’s constitutional right to confrontation, when the State’s expert witness testified as to the operation, maintenance, and accuracy of the breath alcohol test machine used in this case? 3. Was the appellant’s trial counsel ineffective in not calling an expert witness to testify as to the effect of diabetes on the results of a breath alcohol test?

Holdings: Finding no error, we affirm the appellant’s conviction for felony driving while under the influence of alcohol.

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

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