Young v. State

418 P.3d 224
CourtWyoming Supreme Court
DecidedMay 30, 2018
DocketS-17-0179
StatusPublished
Cited by6 cases

This text of 418 P.3d 224 (Young 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
Young v. State, 418 P.3d 224 (Wyo. 2018).

Opinion

KAUTZ, Justice.

[¶1] A jury found Darrell Wayne Young guilty of two counts of first degree sexual abuse of a minor and three counts of second degree sexual abuse of a minor. The district court ordered him to serve five consecutive sentences of life in prison without the possibility of parole because he had previously been convicted of a similar offense. On appeal, Mr. Young asserts the district court erred by determining the minor victim, FH, was competent to testify.

[¶2] We affirm.

ISSUE

[¶3] Mr. Young presents a single issue on appeal, which we rephrase:

Did the district court err in finding FH competent to testify as a witness at Mr. Young's trial?

The State presents the same issue, although phrased in greater detail.

FACTS

[¶4] Eight-year-old FH and her family lived in Rozet, Wyoming, and FH went to elementary school there. Mr. Young lived with FH's maternal grandmother in Gillette, Wyoming. During the winter of 2014-15 and spring of 2015, FH and her brother often spent the night with their grandmother and Mr. Young.

[¶5] In April 2015, FH reported to her teachers she had been sexually abused by Mr. Young. FH said that, on two occasions the previous winter, Mr. Young awoke her in the living room where she had been sleeping, undressed her, took her to a bathroom, and licked her breast area and genitals. FH also reported that Mr. Young made her kiss his penis while they were working on a "monster truck" in a carport located near Mr. Young's house.

[¶6] The State charged Mr. Young with two counts of first degree sexual abuse of a minor under Wyo. Stat. Ann. § 6-2-314 (LexisNexis 2017), and three counts of second degree sexual abuse of a minor under Wyo. Stat. Ann. § 6-2-315 (LexisNexis 2017). Because *226Mr. Young had previously been convicted of a similar crime, the State asserted the penalties for his crimes should be enhanced under Wyo. Stat. Ann. § 6-2-306(e) (LexisNexis 2017) to life in prison without the possibility of parole. Mr. Young pleaded not guilty to all counts.

[¶7] Prior to trial, the defense requested a hearing on FH's competence as a witness. The district court held a hearing, where it asked FH about various topics, including general questions about her memory of the abuse. After FH stated that she did not remember the abuse, the district judge took a break and expressed concern to counsel about FH's memory. When the hearing recommenced, the judge questioned her about movies and other events that would have happened around the same time as the charged events and she was able to recall them. The district court found her competent to testify.

[¶8] The district court held a three-day jury trial beginning February 27, 2017. FH testified at the trial, describing the abuse in detail, and the jury returned guilty verdicts on all charges. Mr. Young stipulated that he had previously been convicted of a similar crime, so the penalties for his convictions in this case were enhanced. The district court ordered him to serve five consecutive sentences of life in prison without the possibility of parole. Mr. Young timely filed a notice of appeal.

STANDARD OF REVIEW

[¶9] We believe it is worthwhile to refine our standard of review for determinations of child witness competency. This Court has repeatedly stated that a district court's competency determination will not be disturbed unless it is shown to be clearly erroneous. See, e.g. , Griggs v. State, 2016 WY 16, ¶ 11, 367 P.3d 1108, 1119 (Wyo. 2016) ; Mersereau v. State, 2012 WY 125, ¶ 5, 286 P.3d 97, 103 (Wyo. 2012) ; English v. State, 982 P.2d 139, 145 (Wyo. 1999). However, we have also emphasized that the district court "has broad discretion in determining whether a witness is competent to testify," indicating that the abuse of discretion standard of review is appropriate. Gruwell v. State, 2011 WY 67, ¶ 18, 254 P.3d 223, 229 (Wyo. 2011).

[¶10] Our standard of review for determinations of child witness competency originated in the seminal case on the issue- Larsen v. State, 686 P.2d 583 (Wyo. 1984). Although in Larsen the district court's determination that the minor was a competent witness was reviewed for plain error, we referenced both the clearly erroneous and the abuse of discretion standards of review. We said:

[I]t is the duty of the court to examine a child to determine competency and ... this question is left almost entirely to the sound discretion of the trial judge. Burt v. Burt, 48 Wyo. 19, 41 P.2d 524 (1935). The United States Supreme Court held in Wheeler v. United States, 159 U.S. 523, 16 S.Ct. 93, 40 L.Ed. 244 (1895) :
"That the boy was not by reason of his youth, as a matter law, absolutely disqualified as a witness is clear. While no one would think of calling as a witness an infant only two or three years old, there is no precise age which determines the question of competency. This depends upon the capacity and intelligence of the child, his appreciation of the difference between truth and falsehood, as well as of his duty to tell the former.

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Cite This Page — Counsel Stack

Bluebook (online)
418 P.3d 224, Counsel Stack Legal Research, https://law.counselstack.com/opinion/young-v-state-wyo-2018.