Johnson v. State
2012 WY 112
| Wyo. | 2012Background
- Appellant Billie Colleen Johnson was convicted of two counts of delivery of methamphetamine.
- CI testified at trial but defense counsel was not provided the CI's telephone number.
- Prosecutor withheld CI contact information citing safety concerns due to circulating recordings.
- Defense knew the CI's name prior to trial; CI declined to interview defense counsel.
- Appellant was sentenced to four-to-seven years after a jury verdict.
- Record shows safety concerns and a case-management order requiring disclosure of witnesses and testimony.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the CI testimony was improperly admitted without the CI's phone number | Johnson | State | No abuse; CI could testify despite missing phone number |
| Whether sentencing violated the jury trial right by considering lack of acceptance of responsibility | Johnson | State | No plain-error; court properly considered lack of acceptance of responsibility and did not punish for jury trial right. |
Key Cases Cited
- Boykin v. State, 105 P.3d 481 (Wyoming 2005) (discovery and witness-access considerations; abuse of discretion standard)
- Ceja v. State, 208 P.3d 66 (Wyoming 2009) (discovery rights not absolute; Rule 16 governs scope)
- Rathbun v. State, 257 P.3d 29 (Wyoming 2011) (plain error framework for appellate review)
- Zumberge v. State, 236 P.3d 1028 (Wyoming 2010) (plain error standards for review)
- Guinn v. State, 201 P.3d 423 (Wyoming 2009) (analysis of disciplinary actions for exercising jury trial rights)
- Mames v. State, 92 P.3d 289 (Wyoming 2004) (broad discretion at sentencing to consider various factors)