Jackson v. State

624 P.2d 751, 1981 Wyo. LEXIS 277
CourtWyoming Supreme Court
DecidedJanuary 22, 1981
Docket5317
StatusPublished
Cited by30 cases

This text of 624 P.2d 751 (Jackson 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
Jackson v. State, 624 P.2d 751, 1981 Wyo. LEXIS 277 (Wyo. 1981).

Opinions

GUTHRIE, Justice, Retired.

Appellant was convicted of four counts of delivery of a controlled substance. These charges involve the delivery of heroin on July 14 and 21 and of cocaine on July 21 and 22. All in 1978. These deliveries were made to an informant who shall hereafter only be referred to as X throughout this opinion.

Appellant seeks reversal of these convictions for the reasons which are set out as follows:

1. “It was error for the trial court to admit the alleged to [sic] pre-recording of the transactions into evidence.”
[753]*7532. “Appellant cannot be convicted of delivering cocaine unless the state has proved beyond a reasonable doubt that the substances tested by the state’s chemist are a form of cocaine that is either a derivative of coca leaves or a substance chemically equivalent or identical to such a derivative.”
3. “It was reversible error for the trial court to deny Appellant the use, at state expense, of a chemist and private investigator.”
4. “It was error to prohibit Appellant from inquiring of ... [State's expert witness] as to his academic training.”
5. “It was reversible error for the trial court to refuse to instruct the jury on Appellant’s theory of the case.”

We find no basis for reversal based upon these contentions.

Because of the posture of this case and the manner of its presentation, it appears proper to avoid needless repetition in our decision herein covering the points upon which the appellant seeks reversal to set out that error alone is not a basis for reversal but must affect substantial rights to be the basis therefor. Rule 49(a), W.R.Cr.P., and Rule 7.04, W.R.A.P. Additionally, it is the burden of appellant seeking reversal to demonstrate and establish the prejudice claimed. Nimmo v. State, Wyo., 603 P.2d 386, 393 (1979); Cosco v. State, Wyo., 503 P.2d 1403, 1406 (1972), certiorari denied 411 U.S. 971, 93 S.Ct. 2164, 36 L.Ed.2d 693 (1973); Kennedy v. State, Wyo., 559 P.2d 1014, 1018 (1977).

Generally, discretionary rulings of a trial judge are not reversible error unless a clear abuse of discretion is shown, Deeter v. State, Wyo., 500 P.2d 68, 71 (1972). A trial court is granted a reasonable discretion concerning the admissibility of evidence and error cannot be based thereon, absent an abuse of discretion. Reeder v. State, Wyo., 515 P.2d 969, 973 (1973), mandamus denied 419 U.S. 1018, 95 S.Ct. 509, 42 L.Ed.2d 303 (1974); Daellenbach v. State, Wyo., 562 P.2d 679, 682 (1977); Peterson v. State, Wyo., 586 P.2d 144, 154 (1978).

These last authorities are particularly applicable to the points numbered one and four.

Admission of the Tapes

The tapes to which objection is made were those containing conversations between Jackson and X, obtained by the use of a microphone taped to X’s body and also included some telephone conversations.

It is most difficult to determine just what is the basis of appellant’s complaint in connection with the reception of the tapes because of the manner in which it is presented. In his attack on their admission, he first asserts that they should be suppressed because they were taken in violation of §§ 37-12-112

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

Related

Martinez v. State
2006 WY 20 (Wyoming Supreme Court, 2006)
In Re Adoption of TLC
2002 WY 76 (Wyoming Supreme Court, 2002)
Eatherton v. State
810 P.2d 93 (Wyoming Supreme Court, 1991)
Hyde v. State
769 P.2d 376 (Wyoming Supreme Court, 1989)
Commonwealth v. Schaeffer
536 A.2d 354 (Supreme Court of Pennsylvania, 1987)
Best v. State
736 P.2d 739 (Wyoming Supreme Court, 1987)
Chambers v. State
726 P.2d 1269 (Wyoming Supreme Court, 1986)
Feaster v. Feaster
721 P.2d 1095 (Wyoming Supreme Court, 1986)
MacLaird v. State
718 P.2d 41 (Wyoming Supreme Court, 1986)
Dotson v. State
712 P.2d 365 (Wyoming Supreme Court, 1986)
Jahnke v. State
692 P.2d 911 (Wyoming Supreme Court, 1984)
Patterson v. State
682 P.2d 1049 (Wyoming Supreme Court, 1984)
Stapleman v. State
680 P.2d 73 (Wyoming Supreme Court, 1984)
Commonwealth v. Gelormo
475 A.2d 765 (Supreme Court of Pennsylvania, 1984)
Stogner v. State
674 P.2d 1298 (Wyoming Supreme Court, 1984)
Krucheck v. State
671 P.2d 1222 (Wyoming Supreme Court, 1983)
Stamper v. State
662 P.2d 82 (Wyoming Supreme Court, 1983)
Irwin v. State
658 P.2d 64 (Wyoming Supreme Court, 1983)
Grable v. State
649 P.2d 663 (Wyoming Supreme Court, 1982)
Jackson v. State
624 P.2d 751 (Wyoming Supreme Court, 1981)

Cite This Page — Counsel Stack

Bluebook (online)
624 P.2d 751, 1981 Wyo. LEXIS 277, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jackson-v-state-wyo-1981.