Budig v. State

2010 WY 1, 222 P.3d 148, 2010 Wyo. LEXIS 1, 2010 WL 6757
CourtWyoming Supreme Court
DecidedJanuary 4, 2010
DocketS-09-0038
StatusPublished
Cited by14 cases

This text of 2010 WY 1 (Budig v. State) is published on Counsel Stack Legal Research, covering Wyoming Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Budig v. State, 2010 WY 1, 222 P.3d 148, 2010 Wyo. LEXIS 1, 2010 WL 6757 (Wyo. 2010).

Opinion

VOIGT, Chief Justice.

[T1] In this appeal, Seott Raymond Bu-dig (the appellant) challenges his conviction for third-degree sexual assault and second-degree sexual abuse of a minor. The appellant asserts that his constitutionally protected right to confrontation was violated and that the prosecutor improperly vouched for the credibility of the victim witnesses. Finding no error, we will affirm.

ISSUES

[12] 1. Whether the district court abridged the appellant's right to confrontation when it limited the seope of his cross-examination of the victims?

2. Whether the prosecutor unfairly vouched for the credibility of the victims during closing argument?

FACTS

[13] On February 21, 2008, the appellant was arrested and charged with five counts of third-degree sexual assault on one of his stepdaughters (older sister), and one count of second-degree sexual abuse of a minor on his other stepdaughter (younger sister) The appellant pled not guilty and received a jury trial.

[T4] At the trial, the appellant advanced the theory that his stepdaughters had fabricated their allegations. To support his theory, the appellant moved the district court for permission to admit evidence of, among other things, the girls' prior sexual conduct, their manipulative character traits, and their propensity for "meanness." The district court heard the appellant's motion and determined that only evidence directly related to the girls' relationship with the appellant was admissible, and evidence of other instances of specific conduct not directly related to the appellant was not admissible to prove the girls' general character. The district court also held that evidence of the girls' past sexual conduct was not admissible.

[15] The matter proceeded to trial. The evidence presented included the testimony of an expert witness who described common misconceptions about the behaviors and reactions of victims of sexual abuse. 1 Upon hearing the evidence, the jury convicted the appellant of two counts of third-degree sexual assault and one count of second-degree sexual abuse of a minor. The appellant was sentenced to incarceration for a period of not less than four years nor more than nine years on both of the third-degree sexual assault convictions, to be served concurrent ly. He was also sentenced to not less than four nor more than nine years for the see-ond-degree sexual abuse of a minor, to be served consecutively to the sentence from the third-degree sexual assault convictions. A timely notice of appeal followed.

DISCUSSION

[T6] The appellant raises two issues in this appeal. In the first, the appellant claims that his right to confront the witnesses was abridged when the district court prevented him from cross-examining the victims about their past sexual conduct, their manipulative character traits, and their propensity for "meanness." In the second issue, the appellant claims the state committed prosecutorial misconduct by improperly vouching for the credibility of the victims during it's closing *151 argument. We will address each of the appellant's claims in turn.

Whether the district court abridged the appellant's right to confrontation when it limited the scope of his cross-examination of the victims?

[T7] The constitutional right to confront a witness arises under the Sixth Amendment to the United States Constitution and Article I, Section 10 of the Wyoming Constitution. 2 A district court's limitation on a defendant's constitutional right to confrontation is a question of law which we review de novo. Hannon v. State, 2004 WY 8, ¶ 11, 84 P.3d 820, 328 (Wyo.2004). Restrictions on a defendant's right to confront witnesses are subject to harmless error analysis. Id. We have previously addressed the application of the harmless error standard of review to an alleged abridgment of the right to cross-examine a witness as follows:

[TJhe correct inquiry is whether, assuming that the damaging potential of the cross-examination were fully realized, a reviewing court might nonetheless say that the error was harmless beyond a reasonable doubt. Whether such an error is harmless in a particular case depends upon a host of factors, all readily accessible to reviewing courts. These factors include the importance of the witness' testimony in the prosecution's case, whether the testimony was cumulative, the presence or absence of evidence corroborating or contradicting the testimony of the witness on material points, the extent of eross-examination otherwise permitted, and, of course, the overall strength of the prosecution's case.

Id. at ¶ 25, 84 P.3d at 332-33 (quoting Olden v. Kentucky, 488 U.S. 227, 232-33, 109 S.Ct. 480, 483-84, 102 L.Ed.2d 513 (1988)).

[2] [18] We recently summarized the limits that a court may properly place upon cross-examination:

The primary right secured by the Confrontation Clause of the United States and Wyoming Constitutions is the right of cross-examination. In order for there to be a violation of the right of confrontation, a defendant must show more than just a denial of the ability to ask specific questions of a particular witness. Rather, a defendant must show that he was prohibited "from engaging in otherwise appropriate cross-examination designed to show a prototypical form of bias on the part of the witness ... 'to expose to the jury the facts from which jurors ... could appropriately draw inferences relating to the reliability of the witness." Hannon, ¶ 18, 84 P.3d at 330 (quoting Delaware v. Van Arsdall, 475 U.S. 673, 680, 106 S.Ct. 1431, 1436, 89 L.Ed.2d 674 (1986)). The Confrontation Clause guarantees a defendant an "opportunity for effective cross-examination, not cross-examination that is effective in whatever way, and to whatever extent, the defense might wish." Van Arsdall, 475 U.S. at 679, 106 S.Ct. at 1435 (quoting Delaware v. Fensterer, 474 U.S. 15, 20, 106 S.Ct. 292, 295, 88 L.Ed.2d 15 (1985) (per curiam) (emphasis in original)). A defendant's right to cross-examination of a witness is not unfettered, but is subject to the trial court's "discretion to reasonably limit cross-examination to prevent, among other things, questioning that is repetitive or of marginal relevance." Hannon, ¶ 22, 84 P.3d at 331-32 (quoting United States v. DeSoto, 950 F.2d 626, 629-30 (10th Cir. 1991)); see also Olden v. Kentucky, 488 U.S. 227, 232, 109 S.Ct. 480, 483, 102 L.Ed.2d 513 (1988) (per curiam ).

Miller v. State, 2006 WY 17, ¶ 8, 127 P.3d 793, 796 (Wyo.2006) (some citations omitted; emphasis in original). Thus, a district court may reasonably limit a defendant's right to cross-examination without abridging his Sixth Amendment right to confrontation. See Id. at ¶¶ 74-18, 127 P.8d at 796-97; Jensen v. State, 2005 WY 85, ¶¶ 7-13, 116 P.3d *152 1088, 1091-1093 (Wyo.2005), Schmidt a.

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Cite This Page — Counsel Stack

Bluebook (online)
2010 WY 1, 222 P.3d 148, 2010 Wyo. LEXIS 1, 2010 WL 6757, Counsel Stack Legal Research, https://law.counselstack.com/opinion/budig-v-state-wyo-2010.