Johnn Thomas Woyak v. State of Wyoming

Summary

The Supreme Court of Wyoming held that the district court erred by excluding the defendant from a competency and taint hearing concerning a child witness. The court also addressed the scope of competency inquiries for child witnesses and the requirement for an independent determination of competency. The convictions were reversed and the case remanded for further proceedings.

Holdings

1. Under the circumstances presented, the district court committed legal error by excluding Woyak from the competency/taint hearing. Because the record did not permit a determination that the error was harmless beyond a reasonable doubt, the convictions had to be reversed.
2. When a party presents some evidence that a child witness may be incompetent, the court must conduct an independent competency examination. The inquiry must address the five competency factors, including the child's ability to retain an independent recollection of the occurrence, and may include consideration of memory taint from suggestive or coercive questioning.

Questions Presented

1. Whether excluding Woyak from the competency/taint hearing violated his constitutional and statutory right to be present.
2. Whether the district court adequately conducted an independent competency hearing and determined that Victim 1 had an independent recollection sufficient to testify.
3. Whether the verdict form for Counts IV and V was impermissibly nonspecific as to the acts constituting explicit sexual conduct.

Disposition

reversed_and_remanded