371 P.3d 150
Wyo.2016Background
- On March 19, 2014 Emerson allegedly grabbed Samson, held a knife to his throat, cut his cheek, and pinned him; Samson and two witnesses (Ayers and Cantleberry) reported this to police and testified similarly at trial.
- Police found a knife at Emerson’s home with Samson’s dried blood; Emerson was convicted by a jury of aggravated assault and battery.
- Ten months after conviction Emerson moved for a new trial based on post-conviction statements from jailhouse acquaintance Stanley Powley and Powley’s ex-girlfriend Katie McNaughton, who claimed Samson told others to "get their stories straight."
- At the new-trial hearing both Powley and McNaughton gave equivocal, non-specific testimony and admitted heavy drug use during the relevant period; McNaughton acknowledged a history of lying.
- The district court found the new evidence impeaching, questioned the witnesses’ credibility, and denied the motion. Emerson appealed; the Wyoming Supreme Court consolidated the appeals and affirmed.
Issues
| Issue | Appellant's Argument | State's Argument | Held |
|---|---|---|---|
| Whether the district court abused its discretion in denying a new trial based on newly discovered impeachment evidence | Powley/McNaughton’s statements show witnesses conspired to coordinate false testimony; this would likely produce a different verdict | The statements are vague, impeaching only, and the witnesses lack credibility; impeachment-only evidence does not warrant a new trial | Denial affirmed: court did not abuse discretion; evidence was cumulative/impeaching and witnesses lacked credibility |
Key Cases Cited
- Mendoza v. State, 300 P.3d 487 (Wyo. 2013) (abuse-of-discretion standard for new-trial rulings)
- Terry v. State, 56 P.3d 636 (Wyo. 2002) (new-trial on newly discovered evidence disfavored; must be more than impeachment)
- Davis v. State, 117 P.3d 454 (Wyo. 2005) (four-factor test for newly discovered evidence)
- Keser v. State, 737 P.2d 756 (Wyo. 1987) (new trial warranted where new evidence showed eyewitness was not at scene)
- Miller v. Beyer, 329 P.3d 956 (Wyo. 2014) (focus on reasonableness of trial court’s choice when reviewing for abuse of discretion)
- Allgier v. State, 358 P.3d 1271 (Wyo. 2015) (deference to district court credibility determinations)