Earll v. State

Summary

The Supreme Court of Wyoming reversed Hawley Anthony Earll's conviction for accessory after the fact to the manufacture of methamphetamine and remanded for a new trial. The court held that the prosecutor's misrepresentation of testimony attributed to Earll's girlfriend created a reasonable possibility that Earll's right to a fair trial was affected. The court did not reach the confrontation and guilty-plea evidentiary issues because reversal was required on prosecutorial-misconduct grounds.

Holdings

1. The prosecutor's misrepresentation of the girlfriend's testimony constituted improper prosecutorial misconduct, and under the circumstances there was a reasonable possibility that the error affected Earll's right to a fair trial.
2. The jury instructions and the absence of a requested curative instruction did not eliminate the reasonable possibility that the prosecutor's misconduct substantially influenced the verdict.
3. The court did not decide whether the evidence and argument concerning Yates's and Larson's guilty pleas constituted plain error because reversal and remand were required on the prosecutorial-misconduct issue.

Questions Presented

1. Whether the prosecutor committed misconduct by falsely representing during cross-examination and closing argument that Earll's girlfriend had testified that Earll smoked methamphetamine.
2. Whether the State's use of the girlfriend's out-of-court statements violated Earll's Sixth Amendment right of confrontation.
3. Whether the trial court erred in denying Earll's motion for a new trial and motion for reconsideration.
4. Whether the State's introduction and argument concerning the guilty pleas of Yates and Larson constituted plain error under Wyoming law.

Disposition

reversed_and_remanded