Gabriel R. Drennen v. The State of Wyoming
2013 WY 118
| Wyo. | 2013Background
- Drennen was convicted of first‑degree murder and aggravated assault and battery; remanded for ineffective‑assistance review after trial counsel failed to present expert self‑defense testimony; district court found deficient performance but no prejudice; on appeal, Supreme Court reverses for prosecutorial misconduct and remands for new trial; trial involved May 2, 2010, shooting of Leroy Hoster after a confrontation at a trailer and storage area; prosecutors misstated Wyoming self‑defense law as a blanket prohibition on shooting an unarmed person; defense argued self‑defense and the jury instructions allegedly confused the standards; the court analyzes self‑defense, aggressor status, retreat duties, and related jury instructions; the court remands for retrial and clarifies law and pattern jury instruction use.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Prosecutorial misconduct requiring reversal? | Drennen claims repeated misstatements violated law and tainted trial. | State contends any errors were harmless or cured by instructions. | Yes; plain error found; misconduct tainted trial. |
| Self‑defense instructions—homicide | Instructions inadequately defined aggressor/retreat and misstate law. | State argues instructions adequate under duty to retreat and reasonableness. | Remanded to modify self‑defense instructions for homicide. |
| Self‑defense instructions—aggravated assault | Pattern instruction not necessary; statutory self‑defense defense should be clear. | Pattern instruction preferable but not required. | Remand to adjust instructions; clarify sufficiency of self‑defense when danger perceived. |
| Elements instructions—second‑degree murder and manslaughter | Phrases like “without premeditation”/“without malice” improperly stated elements. | Descriptive phrases used; elements properly defined elsewhere. | Agree: phrases not true elements; require correction on remand. |
| Ineffective assistance of counsel | Failure to call experts prejudiced defense by undermining self‑defense claim. | No need to resolve in light of remand; deficiencies may be corrected. | Not necessary to decide further; remand for retrial. |
Key Cases Cited
- Strange v. State, 195 P.3d 1041 (Wyo. 2008) (plain‑error standard for prosecutorial misconduct; review of full record)
- Taylor v. State, 17 P.3d 715 (Wyo. 2001) (plain error analysis for prosecutorial misconduct)
- Burton v. State, 46 P.3d 309 (Wyo. 2002) (plain error; standard of prejudice in prosecutorial misconduct)
- Evenson v. State, 177 P.3d 819 (Wyo. 2008) (self‑defense standard; authority on reasonableness and retreat)
- Garcia v. State, 667 P.2d 1148 (Wyo. 1983) (duty to retreat and standing ground; necessity jurisprudence)
- Bristol v. State, 84 P.2d 761 (Wyo. 1938) (duty to retreat vs. right to stand ground; aggressor analysis)
- Flory v. State, 276 P. at 462 (Wy. 1929) (aggressor definition and duty to retreat; verbal provocations)
- Patterson v. State, 682 P.2d 1049 (Wy. 1984) (four factors for self‑defense analysis; aggressor considerations)
- Garcia v. State, 667 P.2d 1150 (Wy. 1983) (duty to retreat and stand one's ground; cases applying return to retreat)