424 P.3d 250
Wyo.2018Background
- DCI organized a controlled buy: confidential informant George Cantrall purchased methamphetamine from Erin T. Osterling at Osterling’s home while wired; officers observed and searched Cantrall before the buy.
- Cantrall testified he saw Osterling package meth into baggies, bought meth from him, and turned the substance over to law enforcement; lab confirmed methamphetamine.
- Osterling was charged with delivery of a controlled substance, convicted by a jury, and sentenced to 18–48 months imprisonment.
- At trial Osterling did not testify; defense attacked Cantrall’s credibility, calling him a “snitch” and suggesting he set Osterling up or obtained drugs from another person (Parker Austin).
- In rebuttal closing the prosecutor quoted and attributed statements to Cantrall that do not appear in the record and urged the jury to disregard the defense theory.
- Osterling appealed, claiming prosecutorial misconduct in closing argument that denied him a fair trial; the court reviewed for plain error.
Issues
| Issue | Osterling's Argument | State's Argument | Held |
|---|---|---|---|
| Whether prosecutor’s misstatements in rebuttal closing constituted prosecutorial misconduct that caused plain error and prejudice | Prosecutor misquoted and attributed statements to Cantrall that were not in the record, misleading the jury and undermining Osterling’s defense reliant on impeaching Cantrall | Statements were reasonable inferences from the record; even if misstated, any error was not prejudicial because the record supported Cantrall’s credibility assessment | Court: Prosecutor misstated the evidence (two improper attributions) but no plain-error prejudice; remarks were response to defense argument and did not materially affect the verdict. |
Key Cases Cited
- Watts v. State, 370 P.3d 104 (Wyo. 2016) (plain-error review standard)
- Guy v. State, 184 P.3d 687 (Wyo. 2008) (reversal only if reasonable probability of a more favorable verdict absent error)
- Law v. State, 98 P.3d 181 (Wyo. 2004) (closure of argument reviewed in context of entire record)
- Carrier v. State, 400 P.3d 358 (Wyo. 2017) (reluctance to find plain error for unobjected-to argument)
- Trujillo v. State, 44 P.3d 22 (Wyo. 2002) (limits on requiring trial courts to police argument when no objection)
- Teniente v. State, 169 P.3d 512 (Wyo. 2007) (prosecutor may draw reasonable inferences but not intentionally misstate evidence)
- Gonzalez-Ochoa v. State, 317 P.3d 599 (Wyo. 2014) (prosecutor may not mislead jury or intentionally misstate evidence)
- Dysthe v. State, 63 P.3d 875 (Wyo. 2003) (similar limitations on prosecutorial argument)