Summary
The Wyoming Supreme Court reviewed Jason Bradley McGill’s conviction for first-degree sexual abuse of a minor. The court held that the district court did not abuse its discretion in denying mistrial motions based on improper opinion testimony and uncharged misconduct evidence, and that the prosecutor’s rebuttal argument did not constitute plain error. The court rejected the cumulative-error claim and affirmed the conviction.
Topics
Practice areas
Questions Presented
- Whether the district court abused its discretion by denying a mistrial based on a sheriff's deputy's allegedly improper vouching testimony.
- Whether the district court abused its discretion by denying a mistrial after a witness introduced uncharged-misconduct evidence without prior notice.
- Whether the prosecutor's rebuttal closing argument constituted plain error.
- Whether cumulative error warranted reversal of the conviction.
Holdings
- The deputy's statement that the case turned out to be good 'information-wise' was inadmissible opinion testimony under W.R.E. 701, but it was not vouching testimony and was not so prejudicial that denial of a mistrial constituted an abuse of discretion.
- The witness's unsolicited statement that McGill had been 'peering' at Neumeyer's daughters was inadmissible without prior notice and a ruling under W.R.E. 404(b), but the district court did not abuse its discretion by denying a mistrial.
- The prosecutor's rebuttal statement that nobody knew whether McGill had committed similar acts before did not constitute plain error.
- Cumulative error did not warrant reversal because the court found no underlying reversible error.
Key quotations
“Granting a mistrial is an extreme and drastic remedy that should be resorted to only in the face of an error so prejudicial that justice could not be served by proceeding with trial.” (¶ 11)
“A claim of cumulative error cannot be recognized where there is no underlying error to support it.” (¶ 22)
Factual background
After an argument with his live-in girlfriend, Jennifer Neumeyer, McGill left their bedroom and was later observed by Neumeyer performing oral sex on his nine-year-old daughter, HM. Neumeyer initially reported the incident consistently but recanted before trial, claiming she had fabricated the accusation out of jealousy. The jury convicted McGill after hearing testimony from HM, Neumeyer, persons to whom Neumeyer had confided, investigating personnel, and McGill himself.
Procedural history
Following a jury trial in the Sheridan County District Court, McGill was convicted of first-degree sexual abuse of a minor and sentenced to 25 to 35 years in prison. He timely appealed to the Wyoming Supreme Court, which affirmed the conviction.