249 P.3d 726
Wyo.2011Background
- Barnes was convicted of larceny after jury trial in Wyoming.
- Prosecutor allegedly committed misconduct by repeatedly asking Barnes if other witnesses were lying or mistaken when their testimony differed from Barnes.
- Prosecutor’s cross-examination and closing argument emphasized witnesses lying, prompting appellate review.
- Barnes’ defense relied on his blackout during the events; he claimed memory loss due to intoxication, with his credibility central to the defense.
- The district court record showed the only defense evidence was Barnes’ testimony about his memory; no curative instruction was requested by defense.
- The Wyoming Supreme Court reversed the conviction on the prosecutorial misconduct ground and remanded for further proceedings.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Did prosecutor misconduct occur? | Barnes argues repeated 'lying' questions violated law. | State contends questioning was improper but limited use was permissible. | Yes; misconduct occurred and requires reversal. |
| Was there ineffective assistance of counsel? | Barnes asserts defense counsel failed to address misconduct or seek curative measures. | State asserts no merit to ineffective-assistance claim given other issues. | Not reached due to reversal on prosecutorial misconduct. |
Key Cases Cited
- Proffit v. State, 193 P.3d 228 (Wy. 2008) (prohibits asking if others are lying; establishes improper cross-examination for credibility)
- Jensen v. State, 116 P.3d 1088 (Wy. 2005) (credibility-based cross-examination limits)
- Schreibvogel v. State, 228 P.3d 874 (Wy. 2010) (discusses limits on cross-examination and harmless-error analysis)
- Beaugureau v. State, 56 P.3d 626 (Wy. 2002) (limits on asking whether other witnesses lied)
- Talley v. State, 153 P.3d 256 (Wy. 2007) (harmless-error framework for prosecutorial misconduct)