Daniel George Swan v. The State of Wyoming
320 P.3d 235
Wyo.2014Background
- Swan was convicted of one count of felony child abuse and appeals the judgment.
- DM, the five-year-old victim, reported multiple injuries from Swan’s spanking and related confinement.
- Swan proposed cross-examination about DM’s alleged molestation of his sister; the court reserved ruling and did not finalize it.
- Trial evidence included binding DM with plastic wrap, spanking with a wooden lath, and injuries that persisted for hours.
- Swan admitted spanking DM and testified about the alleged molestation; photos corroborated injuries; the State argued the conduct constituted abuse rather than reasonable punishment.
- The jury returned a guilty verdict; Swan was sentenced to 30–60 months in the Wyoming State Penitentiary.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Confrontation right limited cross-examination | Swan contends the court restricted cross-exam of DM on molestation claims affecting bias. | Swan argues the limit violated confrontation principles and denied effective cross-examination. | No confrontation error; trial allowed broad cross and defense presented theory. |
| Sufficiency of evidence for felony child abuse | Swan claims insufficient evidence to prove abuse beyond reasonable doubt. | State asserts evidence showed intent/recklessness and physical injury beyond minor spanking. | Evidence was sufficient; the State could reasonably prove elements beyond a reasonable doubt. |
Key Cases Cited
- Budig v. State, 222 P.3d 148 (Wyom. 2010) (limits on cross-examination may not abridge confrontation)
- Miller v. State, 127 P.3d 793 (Wyom. 2006) (court may reasonably limit cross-examination)
- Schmidt v. State, 29 P.3d 76 (Wyom. 2001) (confrontation limits and cross-examination discretion)
- Anderson v. State, 317 P.3d 1108 (Wyom. 2014) (plain-error standard for constitutional claims)
- Delaware v. Van Arsdall, 475 U.S. 673 (1986) (right to effective cross-examination)
- Delaware v. Fensterer, 474 U.S. 15 (1985) (limits on cross-examination relevance)
- Olden v. Kentucky, 488 U.S. 227 (1988) (limits on confrontation and cross-examination)
- United States v. DeSoto, 950 F.2d 626 (10th Cir. 1991) (trial court discretion in limiting cross-examination)