Anthony Duane West v. The State of Wyoming
311 P.3d 157
Wyo.2013Background
- Anthony Duane West was convicted by a jury of conspiracy to commit burglary based on events at Tatooine Industries; four people were stopped near the facility and arrested.
- While jailed, co-defendant Robert Stevenson allegedly sent notes (kites) encouraging others to blame West; witnesses Hunter and Garcia testified they received such notes and letters.
- West moved pretrial to compel Stevenson to provide handwriting exemplars so West’s expert could compare them to the jail notes; the State did not object but the district court denied the motion, saying it lacked authority to compel such samples outside compulsory-subpoena procedure.
- The defense did not follow the subpoena procedure required by W.R.Cr.P. 17(e) to command production; Stevenson was not personally served and was not present at the motion hearing.
- The Wyoming Supreme Court held a subpoena may compel handwriting exemplars, but found no reversible error here because witnesses had already testified that Stevenson authored the notes, so expert comparison would not have changed the outcome.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the court erred in denying West’s request to compel Stevenson to provide handwriting exemplars | West: Denial violated compulsory process and due process; exemplars were needed for expert authorship opinion | State/District: No procedural authority existed to force exemplars absent proper subpoena service; court limited to ordering appearance | Court: A subpoena can compel handwriting exemplars, but West used the wrong procedure; error (if any) was harmless beyond a reasonable doubt |
Key Cases Cited
- United States v. Euge, 444 U.S. 707 (handwriting exemplars are nontestimonial physical evidence and may be compelled)
- United States v. Bryan, 339 U.S. 323 (common-law duty of summoned witnesses to provide relevant evidence)
- Schmerber v. California, 384 U.S. 757 (historical compulsion of nontestimonial physical evidence is permissible)
- Gilbert v. California, 388 U.S. 263 (handwriting as identifying physical characteristic subject to compulsion)
- United States v. Dionisio, 410 U.S. 1 (handwriting admissible physical evidence compellable by subpoena)
- Brunmeier v. State, 733 P.2d 265 (Wyoming: defendant can be compelled to provide handwriting exemplars)
- Van Riper v. State, 882 P.2d 230 (Wyo.: trial court has discretion over cross-examination; witness exemplars may be required in appropriate circumstances)