Broberg v. State

Summary

The Wyoming Supreme Court affirmed Kirk Broberg, Jr.'s conviction for second-degree sexual assault. The court held that testimony concerning a prior act of digital anal penetration constituted W.R.E. 404(b) evidence and was admitted without the required Gleason analysis, but concluded the error was harmless because there was no reasonable possibility that it affected the verdict.

Holdings

1. The testimony that Broberg digitally penetrated AB was prior-bad-acts evidence within the purview of W.R.E. 404(b) and was inadmissible to show that Broberg acted in conformity with that conduct during the alleged assault of ML.
2. Broberg's pretrial demand for disclosure of Rule 404(b) evidence constituted a timely objection to the introduction of such evidence and permitted appellate review.
3. The district court erroneously admitted the Rule 404(b) testimony without the required Gleason analysis, but the error was harmless because there was no reasonable possibility that the verdict would have been more favorable without the testimony.

Questions Presented

1. Whether testimony that Broberg digitally penetrated his girlfriend was inadmissible character evidence under W.R.E. 404(b) because it was elicited without the State's required notice and without a Gleason hearing.
2. Whether admission of the testimony was prejudicial and required reversal of Broberg's conviction.

Disposition

affirmed