430 P.3d 774
Wyo.2018Background
- Michael Lewis was convicted by a Johnson County jury of felony possession of marijuana (over three ounces) after troopers found five packaged pounds in the trunk of a rental car he was driving.
- Co-defendant/driver Ryan Garza admitted handling the marijuana, pleaded guilty to possession, and testified against Lewis; Garza received a deferred sentence and probation in exchange for his testimony.
- Trooper Burridge smelled marijuana, found five individually packaged pounds in a trash bag, and Agent Louey Williams opened the bags at trial and identified the contents as marijuana; jurors had the bags during deliberations.
- The state crime lab analyst who performed the testing and weighing (Courtney Vito) prepared a report (Exhibit 500) showing THC and weight >3 ounces, but the lab chemistry unit supervisor (Dr. Ella Kubicz) testified about the results and signed a supervisor report (Exhibit 502).
- Defense at trial argued Lewis lacked possession (dominion/control) but did not contest that the substance was marijuana or that it exceeded three ounces. On appeal Lewis claimed a Confrontation Clause violation because the analyst did not testify and a supervisor testified instead.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether supervisor testimony and admission of analyst's written report violated the Confrontation Clause / whether plain error occurred | Lewis: Admission of Exhibit 500 and supervisor testimony substituted for the testing analyst, violating confrontation and requiring reversal | State: Any Confrontation problem is subject to plain-error/harmless-error review; even excluding the report, evidence supports conviction | Court: Even if a Confrontation error occurred, Lewis failed to show plain error because there is no reasonable probability of a more favorable result without the report |
Key Cases Cited
- Bullcoming v. New Mexico, 564 U.S. 647 (forensic reports are testimonial and surrogate testimony cannot substitute for the analyst)
- Crawford v. Washington, 541 U.S. 36 (testimonial hearsay inadmissible absent unavailability and prior cross-examination)
- Delaware v. Van Arsdall, 475 U.S. 673 (Confrontation Clause violations are subject to harmless-error review)
- Harrington v. California, 395 U.S. 250 (denial of opportunity to cross-examine is not always structural error)
- Larkins v. State, 429 P.3d 28 (Wyo. 2018) (plain-error standard applied to unpreserved Confrontation claims)
- Urrutia v. State, 924 P.2d 965 (Wyo. 1996) (identity of marijuana may be proved by circumstantial evidence and experienced-user testimony)