Mayhew v. State

Summary

The Wyoming Supreme Court affirmed William Mayhew’s convictions for four counts of third-degree sexual assault involving minors. The court held that the district court did not abuse its discretion by admitting photographs and videos as other-acts evidence under Wyoming Rule of Evidence 404(b), or by admitting a vibrating massager into evidence. The opinion addresses the required Rule 404(b) analysis, including proper purpose, relevance, and balancing probative value against unfair prejudice.

Holdings

1. The district court did not abuse its discretion by admitting the photos and videos as other-acts evidence relevant to Mayhew's motive. The evidence reflected a sexual preference for prepubescent children, involved the same class of victims as the charged conduct, and was admissible even though some of the acts occurred after the charged conduct.
2. The district court did not abuse its discretion by admitting the vibrator despite the State's failure to specifically list it as an exhibit in the pretrial memorandum because Mayhew had notice of the item and affirmatively stated that the omission did not affect the defense; he demonstrated no prejudice.
3. A party's failure to object when evidence is offered, specifically on the ground that the evidence lacks an adequate foundation, precludes appellate review of that foundation claim.

Questions Presented

1. Whether the district court abused its discretion by admitting photos and videos of unrelated young girls as other-acts evidence under W.R.E. 404(b), purportedly to show motive and intent.
2. Whether the district court abused its discretion by admitting a vibrator that the State had not specifically listed in its pretrial memorandum.
3. Whether Mayhew could obtain appellate review of his claim that the vibrator was admitted without a proper foundation when he failed to make a timely foundation objection.

Disposition

affirmed