Longfellow v. State

803 P.2d 848, 1990 Wyo. LEXIS 162, 1990 WL 208781
CourtWyoming Supreme Court
DecidedDecember 18, 1990
Docket90-7
StatusPublished
Cited by37 cases

This text of 803 P.2d 848 (Longfellow 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
Longfellow v. State, 803 P.2d 848, 1990 Wyo. LEXIS 162, 1990 WL 208781 (Wyo. 1990).

Opinion

GOLDEN, Justice.

This case arises out of the short, brutal life and untimely death of Christopher Hob-son, aged not quite three months. Appellant Mindi Hobson, now known as Mindi Hobson Longfellow, the child’s mother, challenges her conviction of felony child abuse under W.S. 6-2-503 (Cum.Supp.1987) and of voluntary manslaughter under W.S. 6-2-105(a)(i) (Cum.Supp.1987).

Appellant raises the following issues:

I. Whether there is sufficient evidence to support the defendant’s conviction of voluntary manslaughter.
II. Whether testimony concerning prior treatment of appellant’s daughter, Valerie Hobson, by defendant and the temperament of defendant was improperly admitted under Rule 404(b) of the Wyoming Rules of Evidence.
We affirm.

FACTS

From his birth on September 10, 1987, until December 2, 1987, Christopher Hob-son resided with his mother, appellant Min-di Hobson, and her boyfriend, Brad Longfellow, in Brad’s trailer in Cheyenne. On December 2, 1987, appellant spent most of the morning and early afternoon caring for Christopher and for her daughter, Valerie Hobson. Brad arrived home from work at about 4:30 p.m. that afternoon. Appellant left the residence at approximately 5:00 p.m. to run some errands, leaving Brad in charge of the children.

After appellant left, Brad and the children sat on the couch watching television. Christopher had been propped up in a corner of the couch with a pillow. The couch was about eighteen inches high.

Sometime around 6:00 p.m. Brad left the living room to place some wood on the stove, located in another room. He heard a thud and returned to the living room where he found Christopher lying on the floor in front of the couch. Christopher was gasping for breath. He soon became limp and unconscious. After several minutes of unsuccessful attempts to revive Christopher, Brad dialed 911 for help.

Emergency Management Services (911) logged the call in at 6:20 p.m. and dispatched an ambulance to the trailer. Appellant passed the ambulance about a mile from her house and “just knew it was going to her home.” When the personnel from the ambulance service arrived at Longfellow’s residence, they found that Christopher had no signs of heartbeat or resuscitation, and that he had become cya-notic or blue in color.

Appellant returned home to find the emergency personnel attempting to revive her son. Efforts to revive him at the scene were unsuccessful, and Christopher was transported to DePaul Hospital, where his heartbeat and breathing were finally stabilized. The attending physician noticed an obvious swelling over the right scalp above and behind Christopher’s right ear.

Early on the morning of December 3, 1987, Christopher was transported to Children’s Hospital in Denver. He was treated there for approximately twenty-four hours, after which it was determined that he had little chance of recovery. Life support systems were withdrawn at 11:55 a.m. on December 4, 1987, and Christopher was pronounced dead.

An autopsy was performed on Christopher at Denver General Hospital on December 5th. The autopsy revealed numerous injuries, both old and recent. The doctors *850 discovered external scrapes and bruises of various ages, new and old subdural hema-tomas, evidence of old torn or missing brain tissue, a total of eighteen rib fractures in various states of healing, and a three and one-quarter inch horizontal skull fracture. Christopher also had retinal hemorrhages of various ages caused by brain damage. The cause of death was determined to be brain injuries as a result of blunt trauma to the head. This caused brain swelling, which cut off blood supply to the brain and ultimately resulted in brain death.

The pathologist who performed the autopsy testified that the blunt trauma injuries were inconsistent with a fall from a couch, and that the accumulated injuries were probably caused by “three or four episodes of significant force.” These injuries exhibited what he called “typical classical child abuse findings.”

On the day following Christopher’s funeral, December 11, 1987, police interviewed both appellant and Brad Longfellow concerning Christopher’s death. Both were considered suspects at that point. Initially, Brad Longfellow was arrested and charged in connection with Christopher’s death. After he passed a polygraph test, the charges against him were dismissed. 1 The investigation then focused on appellant Hindi Hobson. She was arrested and charged with second-degree murder of Christopher under W.S. 6-2-104 (June, 1983 Repl.), and child abuse of both Christopher and Valerie in violation of W.S. 6-2-503.

The charge of abuse of Valerie was dropped on preliminary hearing and appellant proceeded to trial on the other charges. Before trial, defense counsel filed a motion in limine seeking, inter alia, to exclude testimony as to appellant’s abusive treatment of her daughter Valerie. The trial court reserved ruling on this aspect of the motion until trial, when it decided that the testimony should first be presented outside the presence of the jury at which time the court would make a ruling on its admissibility.

At her jury trial, the state presented, over appellant’s objection, testimony by appellant’s brother, her sister-in-law, and Chris Vannest, appellant’s former husband, concerning her alleged abuse of Valerie Hobson. The state also questioned Brad Longfellow about appellant’s temper.

Appellant was convicted of voluntary manslaughter and felony child abuse. On December 1, 1989, she was sentenced to five to six years for voluntary manslaughter and four to five years for felony child abuse.

DISCUSSION

We discuss appellant’s second issue first, because a determination of whether the challenged evidence was properly admitted under W.R.E. 404(b) is a necessary prerequisite to a decision on appellant’s sufficiency of the evidence claim. The evidence which tied appellant to the homicide was circumstantial. The evidence of appellant’s character and prior conduct was therefore an essential part of the state’s case and of our substantial evidence review.

Admissibility of Evidence Under Rule m(b) 2 . '

Appellant challenges the admission of testimony regarding her temper and her previous abuse of Valerie Hobson. She characterizes this evidence as irrelevant and as impermissible character evidence under W.R.E. 404(b), which reads in pertinent part:

*851 (a) Characte-r evidence generally. — Evidence of a person’s character or a trait of his character is not admissible for the purpose of proving that he acted in conformity therewith on a particular occasion, except:
(1) Character of Accused. — Evidence of a pertinent trait of his character offered by an accused, or by the prosecution to rebut the same;
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(b) Other crimes, wrongs, or acts.

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Bluebook (online)
803 P.2d 848, 1990 Wyo. LEXIS 162, 1990 WL 208781, Counsel Stack Legal Research, https://law.counselstack.com/opinion/longfellow-v-state-wyo-1990.