James Vincent Andersen
2014 WY 88
| Wyo. | 2014Background
- Appellant James Andersen was convicted of felony child abuse under Wyoming statute § 6-2-503(b)(i) for injuring his daughter, R.A., during a March 30, 2012 incident.
- The jury acquitted him of abusing his son, D.A., and a domestic violence charge against his wife was dismissed.
- The jury was instructed that “physical injury” necessarily meant, without explicitly excluding reasonable corporal punishment.
- Andersen argued the jury instruction omitted the exclusion of reasonable corporal punishment, and that the evidence was insufficient.
- The court found plain error in the instruction and reversed the conviction, remanding for a new trial, but held the evidence was sufficient to retry the charge tied to R.A.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Plain error from the elements instruction on felony child abuse. | Andersen contends Instruction No. 6 omitted the exclusion of reasonable corporal punishment. | State concedes some error but argues the issue should be considered with Instructions 6 and 10. | Plain error established; instruction omitted the exclusion and misled on burden of proof. |
| Sufficiency of the evidence to prove not reasonable corporal punishment beyond a reasonable doubt. | Evidence against R.A. was contested; guilt not overwhelming. | Evidence supports guilt as to R.A.; the act could exceed reasonable corporal punishment. | Evidence sufficient to support a verdict of abuse; however, reversal was required due to instructional error. |
Key Cases Cited
- Burnett v. State, 267 P.3d 1083 (Wyoming 2011) (deference to district court; jury instruction adequacy evaluated in context of whole trial)
- Granzer v. State, 193 P.3d 266 (Wyoming 2008) (standard for reviewing jury instructions as a whole)
- Jones v. State, 256 P.3d 527 (Wyoming 2011) (plain error analysis and prejudice standard in instructional error)
- Walker v. State, 302 P.3d 182 (Wyoming 2013) (plain error requires showing confusion of the law and substantial prejudice)
- Sanderson v. State, 165 P.3d 83 (Wyoming 2007) (limits of “any harm” interpretation of physical injury for child abuse)