Thursday, March 13, 2014

Summary 2014 WY 38

Summary of Decision March 13, 2014

Justice Hill delivered the opinion for the Court. Affirmed.


Docket Number: S-13-0050


Appeal from the District Court of Johnson County the Honorable William J. Edelman, Judge

Representing Appellant: Office of the State Public Defender: Diane Lozano, State Public Defender; Tina N. Olson, Chief Appellate Counsel; and David E. Westling, Senior Assistant Appellate Counsel. Argument by Mr. Westling.

Representing Appellee: Peter K. Michael, Wyoming Attorney General; David L. Delicath, Deputy Attorney General; Jeffrey Pope, Assistant Attorney General; Darrell Jackson, Faculty Director, Prosecution Assistance Program; David Singleton, Student Director; and Daniel Harnick, Student Intern. Argument by Mr. Harnick.

Date of Decision: March 13, 2014

Facts: A jury found Daniel Swan guilty of one count of felony child abuse, and he now appeals. He claims that the district court erred by not granting his motion for judgment of acquittal, citing insufficient evidence. He also claims that his right to confrontation was violated because the district court limited questions to the victim regarding inappropriate sexual contact between the victim and his sister.

Issues: Swan presents two issues for our review: 1. The trial court’s limitation of the cross-examination of DM effectively denied the Appellant, Daniel Swan, due process by denying him his constitutional right to confront the witness against him. 2. The evidence produced at trial was insufficient to support a verdict of child abuse and it was an abuse of discretion to deny Mr. Swan’s motion under W.R.Cr.P. 29.

Holdings/Conclusion: Daniel Swan’s right to confrontation was not violated at trial. Furthermore, there was sufficient evidence such that a jury could return a guilty verdict. Affirmed.

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

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