Whitney v. State

Summary

The Supreme Court of Wyoming affirmed Harold Robert Whitney Jr.'s convictions for aggravated homicide by vehicle and several misdemeanors. The court addressed claims concerning speedy trial rights, suppression or preservation of exculpatory evidence, admission of a crime-scene photograph, and prosecutorial misconduct.

Holdings

1. The district court properly continued the trial beyond the 180-day period because the continuances were requested by defense counsel for the defense's benefit, supported by the circumstances and, where required, by the defendant's consent. Whitney was not entitled to dismissal under W.R.Cr.P. 48(b).
2. Whitney was not denied his constitutional right to a speedy trial.
3. The prosecution did not violate Brady or due process by failing to disclose the Evanston police investigation or by releasing the minivan from its possession.
4. The district court did not commit plain error by admitting the photograph of the deceased victim.
5. The prosecutor's references to the victim's family, closure, and justice were improper, but they did not constitute prejudicial plain error requiring reversal.

Questions Presented

1. Whether Whitney was denied a speedy trial under W.R.Cr.P. 48(b), the Wyoming Constitution, or the Sixth Amendment.
2. Whether the prosecution suppressed or failed to preserve exculpatory evidence in violation of Brady v. Maryland and due process principles governing lost or destroyed evidence.
3. Whether the district court plainly erred by admitting a photograph depicting the deceased victim at the crime scene.
4. Whether the prosecutor committed prejudicial misconduct during opening statement and closing argument by referring to the victim's family, closure, and justice.

Disposition

affirmed