Harrell v. State
2011 WY 129
| Wyo. | 2011Background
- Harrell and GP began dating in 2009; GP obtained a domestic violence protection order against Harrell in early 2010.
- In March 2010, Harrell texted GP and they argued; GP testified Harrell assaulted, strangled, and raped her during the night.
- Police arrested Harrell on March 3, 2010 for violating the protection order; case led to trial.
- Harrell was convicted of three counts of sexual assault in the first degree, kidnapping, and aggravated assault and battery.
- The district court barred Harrell from introducing evidence of a prior acquittal on a battery charge; a curative instruction was given regarding related testimony.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the district court erred in denying admission of prior acquittal evidence | Harrell: acquittal evidence relevant to impeachment and defense. | State: no admissible 404(b) purpose; evidence inadmissible and prejudicial. | No abuse of discretion; no prejudice; affirmed. |
Key Cases Cited
- Lancaster v. State, 43 P.3d 80 (Wyo. 2002) (abuse-of-discretion standard for evidentiary rulings; plain-error review if no contemporaneous objection)
- Luftig v. State, 228 P.3d 857 (Wyo. 2010) (plain-error standard of review in absence of contemporaneous objection)