Guy v. State

2008 WY 56, 184 P.3d 687, 2008 Wyo. LEXIS 59, 2008 WL 2168976
CourtWyoming Supreme Court
DecidedMay 22, 2008
Docket06-151
StatusPublished
Cited by50 cases

This text of 2008 WY 56 (Guy 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
Guy v. State, 2008 WY 56, 184 P.3d 687, 2008 Wyo. LEXIS 59, 2008 WL 2168976 (Wyo. 2008).

Opinion

BURKE, Justice.

[¶1] Jonmichael Guy seeks to overturn his conviction for attempted second-degree murder. He asserts numerous claims of error. Finding no prejudicial error, we affirm.

ISSUES

[¶2] Mr. Guy presents the following issues. Slightly reworded, they are:

1. Did prosecutorial misconduct deprive Mr. Guy of his constitutional right to a fair trial?
2. Did Mr. Guy receive ineffective assistance of trial counsel?
3. Was there sufficient evidence to sustain Mr. Guy's conviction?
4. Did the district court allow excessive security in the courtroom?
5. Are Wyo. Stat. Ann. §§ 6-1-801, attempt, and 6-2-104, murder in the see- *691 ond degree, unconstitutional as applied to Mr. Guy?
6. Does cumulative error exist, warranting reversal?

FACTS

[T3] On the evening of December 4, 2004, Jacob Riske visited several Laramie bars with his friends, Cody Schuelke, and Joseph and Amanda Faycosh. Sometime near midnight, the group left a bar called the "Ice Haus." The four individuals then began to walk toward Elmer Lovejoy's, a restaurant bar only a few blocks west. As Mr. Riske and his friends reached the halfway point of the first full block of their walk, they observed a black Chevrolet Camaro pull partway into the alley just behind them. Mr. Guy exited the vehicle and verbally accosted a group of people walking near Mr. Riske and his friends. Mr. Guy yelled at the group. He used profanity and confrontational language, was aggressive in his demeanor, and generally acted in a manner likely to result in a physical altercation. Stephen Schwartz was the Camaro's driver. While he also exited the car, his behavior was not belligerent. Mr. Riske and those in his party did not know anyone in the group Mr. Guy was accosting, but nevertheless stopped and helped persuade Mr. Guy and Mr. Schwartz to return to the vehicle and leave. They did so without a physical confrontation.

[¶4] The Camaro did not go very far, however. It was stopped at the next intersection as Mr. Riske's group crossed. They had to pass the Camaro, which was partially obstructing the crosswalk, and Mr. Schuelke testified that he "rubbed [his] hand across the spoiler of the car just in case they did start backing up." After Mr. Riske's group reached the corner, the Camaro turned sharply into their path and stopped, blocking the other crosswalk at that corner. Joseph and Amanda Faycosh went around the Ca-maro to cross the street, followed closely by Mr. Schuelke. Mr. Riske was still on the corner when Mr. Guy exited the Camaro and confronted him. Mr. Riske tried to calm Mr. Guy. Mr. Schwartz exited the vehicle as well, but again did not join in Mr. Guy's confrontational behavior. Mr. Schuelke returned to assist Mr. Riske. At some point, Mr. Schuelke pinned Mr. Guy against a building or a nearby pole and urged him to leave. He then released Mr. Guy, who returned to the Camaro via a route that led behind Mr. Riske. At this time, Mr. Riske felt a "bump" or "sucker punch" to his back. He testified that Mr. Guy was the only person within range to have delivered the blow. Mr. Guy or Mr. Schwartz then yelled something to the effect of, "Let's go!" or "Let's get out of here!" and the two men ran to the Camaro and drove away at a high speed.

[¶5] Mr. Riske and Mr. Schuelke rejoined the Faycoshes, and they continued down the street. In short order, however, someone in the group observed blood on Mr. Riske's back and determined that he was bleeding significantly. Mr. Riske sat in a nearby doorway, and the others flagged down a police officer. Mr. Riske was taken to the hospital, where he was treated for a stab wound. Against medical advice, he chose to leave the hospital that night. He returned to the hospital the next day, however, and doctors determined that he had suffered a perforated liver from the stabbing.

[¶6] Mr. Guy was arrested at his home several hours after the attack. He was charged with attempted second-degree murder in violation of Wyo. Stat. Ann. §§ 6-1-301(a)(1) and 6-2-104 (LexisNexis 2007). At trial, Mr. Riske, Mr. Schuelke, and the Fay-coshes testified with minor variation to the version of facts set out above. None of them testified that they observed the stabbing. Mr. Schwartz was also called as a witness for the State. He testified that he and Mr. Guy were together that night, identified the Ca-maro as his, and testified that Mr. Guy had carried a knife in the past, but had lost it prior to the night of the stabbing. Evidence introduced by the State established that the attack occurred within a few minutes of midnight.

[¶7] In his defense case, Mr. Guy presented several witnesses. His first witness, Joseph Nichols, testified that he was at the scene of the second altercation, and that the confrontation between Mr. Guy and Mr. Riske was mutual. He also testified that he did not observe the stabbing. Joseph Pitch- *692 ford was also called to testify by Mr. Guy. Mr. Pitchford testified that he had come upon the fight after he had left the Ice Haus bar at 2:00 a.m., and that the altercation was mutual. He did not testify regarding whether he saw the stabbing, but did state that he did not observe a knife in Mr. Guy's possession. -Mr. Guy did not testify.

[¶8] The jury returned a guilty verdict and Mr. Guy was sentenced to 80-45 years in the state penitentiary. He then initiated this appeal. While his appeal was pending, Mr. Guy filed a motion with this Court seeking a limited remand to develop evidence of ineffective assistance of trial counsel pursuant to our decision in Calene v. State, 846 P.2d 679 (Wyo.1993). We granted the motion, and the district court held an evidentiary hearing. The district court determined that Mr. Guy had failed to prove that he had received ineffective assistance from trial counsel. This appeal then proceeded to briefing and argument.

DISCUSSION

Prosecutorial Misconduct

[19] Mr. Guy alleges numerous instances of prosecutorial misconduct. With one exception, discussed below, defense counsel did not object to any of the prosecution statements that Mr. Guy now alleges were improper. Absent an objection, we review for plain error. Talley v. State, 2007 WY 37, ¶ 9, 153 P.3d 256, 260 (Wyo.2007). "Plain error exists when: 1) the record is clear about the incident alleged as error; 2) there was a transgression of a clear and unequivocal rule of law; and 3) the party claiming the error was denied a substantial right which materially prejudiced him." Id. We do not reverse the judgment "unless a reasonable probability exists, absent the error, that the appellant may have enjoyed a more favorable verdict." Mazurek v. State, 10 P.3d 531, 542 (Wyo.2000) (quoting English v. State, 982 P.2d 139, 143 (Wyo.1999)).

[110] We review allegations of pros-ecutorial misconduct in light of the entire record. Talley, ¶ 9, 153 P.3d at 260. In this case, all of Mr. Guy's claims of prosecutorial misconduct that we address occurred during closing arguments. Where the purported misconduct was a part of a cloging argument, we also consider it in the context of the argument as a whole. Id.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Gabriel Lee Testerman v. The State of Wyoming
2025 WY 58 (Wyoming Supreme Court, 2025)
Justin Berry v. The State of Wyoming
2023 WY 75 (Wyoming Supreme Court, 2023)
David Wayne Hembree v. The State of Wyoming
2023 WY 57 (Wyoming Supreme Court, 2023)
David Edward Ingersoll v. The State of Wyoming
2022 WY 74 (Wyoming Supreme Court, 2022)
Bradley Dean Jackson v. The State of Wyoming
2021 WY 92 (Wyoming Supreme Court, 2021)
Martin Alan Ridinger v. The State of Wyoming
2021 WY 4 (Wyoming Supreme Court, 2021)
Cody Russell Nelson v. The State of Wyoming
2020 WY 89 (Wyoming Supreme Court, 2020)
Bradley Ross Fairbourn v. The State of Wyoming
2020 WY 73 (Wyoming Supreme Court, 2020)
Christopher Mark Nesius v. The State of Wyoming
2019 WY 129 (Wyoming Supreme Court, 2019)
Travis Bogard v. The State of Wyoming
2019 WY 96 (Wyoming Supreme Court, 2019)
Hopkins v. State
445 P.3d 582 (Wyoming Supreme Court, 2019)
Winters v. State
446 P.3d 191 (Wyoming Supreme Court, 2019)
Farrow v. State
437 P.3d 809 (Wyoming Supreme Court, 2019)
Buszkiewic v. State
424 P.3d 1272 (Wyoming Supreme Court, 2018)
Osterling v. State
424 P.3d 250 (Wyoming Supreme Court, 2018)
Haskell v. State
422 P.3d 955 (Wyoming Supreme Court, 2018)
Black v. State
2017 WY 135 (Wyoming Supreme Court, 2017)
Drakeford v. State
2017 WY 115 (Wyoming Supreme Court, 2017)

Cite This Page — Counsel Stack

Bluebook (online)
2008 WY 56, 184 P.3d 687, 2008 Wyo. LEXIS 59, 2008 WL 2168976, Counsel Stack Legal Research, https://law.counselstack.com/opinion/guy-v-state-wyo-2008.