Benjamin v. State, 2011 WY 147

Benjamin was convicted of second degree murder for shooting and killing her estranged husband, Donald Benjamin, in Buffalo, Wyoming.
She offered self-defense as a defense; the trial included expert testimony on battered woman’s syndrome and domestic abuse.”
Prosecution argued she lured Mr. Benjamin to her home to pick up their daughter, arriving over an hour before the shooting; evidence showed inconsistencies with her version.
Jury acquitted of first degree murder but found second degree murder; she was sentenced to 20–30 years’ imprisonment.
During voir dire, juror Blaney’s relation to a prosecution witness was questioned; defense waived objections but later sought removal; trial proceeded with Blaney on the panel.
The court addressed four issues on appeal: juror dismissal, proposed jury instructions G and H, post-trial judgment of acquittal, and prosecutorial misconduct.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether juror Blaney should have been removed for implied bias	Benjamin argues implied bias due to Blaney's relation to a witness.	State contends waiver and discretion; no abuse of discretion.	District court did not abuse discretion; no reversible error.
Whether the court should have given the Eagan Rule instructions	Benjamin asserts Eagan Rule applies since she was sole witness.	State argues Eagan Rule inapplicable due to impeachment and inconsistencies.	Eagan Rule did not apply; no error in refusing instructions.
Whether post-trial judgment of acquittal should have been granted	Benjamin claims insufficient evidence of self-defense state of mind.	State argues sufficient circumstantial evidence supports state of mind.	Sufficient evidence supported denial of judgment of acquittal.
Whether prosecutorial misconduct occurred	Benjamin contends multiple improper comments affected fairness.	State asserts comments were proper or harmless in aggregate.	No reversible prosecutorial misconduct; arguments were not prejudicial.

Smith v. State, 190 P.3d 522 (Wyo. 2008) (implied bias review; de novo vs. abuse discretion based on context)
Miller v. State, 904 P.2d 344 (Wyo. 1995) (abuse of discretion standard for impartial juror decisions)
Dobbs v. State, 244 P.2d 280 (Wyo. 1952) (prejudice from jury list errors; de novo considerations sometimes used)
Kerns v. State, 635 P.2d 633 (Wyo. 1996) (waiver of objection to particular juror; review limitations)
Majors v. State, 252 P.3d 435 (Wyo. 2011) (trial court discretion; assessing prejudice and mistrial considerations)
Wainwright v. Witt, 469 U.S. 412 (1985) (impartial jury; standard for impartiality; due process)