Thursday, May 08, 2014

Summary 2014 WY 60

Summary of Decision May 8, 2014

Justice Fox delivered the opinion of the Court. Affirmed.


Docket Number: S-13-0127


Appeal from the District Court of Laramie County, the Honorable Peter G. Arnold, Judge

Representing Appellant: Dion J. Custis, Dion J. Custis, PC, Cheyenne, Wyoming.

Representing Appellee: Peter K. Michael, Wyoming Attorney General; David L. Delicath, Deputy Attorney General; Jenny L. Craig, Senior Assistant Attorney General; Jeffrey S. Pope, Assistant Attorney General; Jennifer E. Zissou, Assistant Attorney General. Argument by Ms. Zissou.

Date of Decision: May 8, 2014

Facts: A jury found Gilbert Ortiz, Jr., guilty of three counts of second-degree sexual assault. Mr. Ortiz raises seven issues on appeal.

Issues: 1) Was Mr. Ortiz denied his right to a speedy trial? 2) Did the district court properly admit forensic interview evidence as a prior consistent statement? 3) Did testimony from a forensic interviewer or a detective improperly vouch for the credibility of the victim? 4) Was the Bill of Particulars sufficient for Mr. Ortiz to adequately prepare a defense? 5) Did the circuit court abuse its discretion when it granted an ex parte motion quashing Mr. Ortiz’s subpoena to call the victim and her mother as witnesses at a preliminary hearing? 6) Did the district court abuse its discretion when it denied admission of sexualized behavior evidence on relevancy and hearsay grounds? 7) Did the State commit prosecutorial misconduct when it referenced a non-religious quote from a church sign in its opening statement?

Holdings/Conclusion: Mr. Ortiz has presented no basis to reverse on any of the issues he raised on appeal. The conviction is 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 quotation, 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.]

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