Brock v. State, 2012 WY 13

Derrick Brock was convicted of larceny by bailee under Wyoming statute § 6-3-402(b).
Brock argues ineffective assistance of counsel for failing to interview or call certain witnesses and for failure to present a key defense witness.
The defense theory posits officers biased the investigation by confirming Brock's guilt rather than thoroughly investigating.
Brock was an opening manager at Johnny J's; deposits for June 2–3 were never made; he was seen leaving with bank bags and did not return to work.
Emails and messages suggested Brock planned to address the deposits, and witnesses placed him with bank bags; a jury found him guilty.
The appellate court affirms the conviction, upholding trial strategy decisions and evidentiary rulings.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Was there ineffective assistance for not calling investigating officers?	Brock argues officers would show confirmatory bias and inconsistencies.	State contends trial strategy did not fall below performance standard.	No reversible error; strategy reasonable; no prejudice shown.
Was there ineffective assistance for not investigating or calling key witnesses?	Brock contends missed opportunities to uncover exculpatory information.	State asserts no identified favorable witnesses; decisions were strategic.	No reversible error; failure to identify favorable evidence defeats prejudice claim.
Did the trial court abuse its discretion by limiting cross-examination about statements to police?	Defense sought to impeach witness via a police report/summary of statements.	Prosecutor argued the document was not adopted as a witness’s statement and thus improper.	No abuse; record insufficient to identify the report; cross-examination not improperly curtailed.

Strickland v. Washington, 466 U.S. 668 (1984) (test for ineffective assistance)
Asch v. State, 62 P.3d 945 (Wy. 2003) (courts defer to counsel's investigative decisions)
Frias v. State, 722 P.2d 135 (Wy. 1986) (reasonableness of investigation depends on information available)
Duke v. State, 99 P.3d 928 (Wy. 2004) (heavy deference to trial counsel's investigative decisions)
King v. State, 810 P.2d 119 (Wy. 1991) (prejudice shown by failure to secure critical witness)
Gist v. State, 737 P.2d 336 (Wy. 1987) (failure to pursue a critical witness constitutes ineffective assistance)
Campbell v. State, 728 P.2d 628 (Wy. 1986) (witness testimony and investigation considerations)
Eustice v. State, 11 P.3d 897 (Wy. 2000) (assessing defense investigation and witness strategy)
Robison v. State, 246 P.3d 259 (Wy. 2011) (burden to show prejudice in ineffective assistance claims)
Rodriguez v. State, 245 P.3d 818 (Wy. 2010) (Strickland standard applied in Wyoming appeals)
King v. State, 810 P.2d 119 (Wy. 1991) (see above; prejudice for failure to secure witnesses)