Peterson v. State, 270 P.3d 648

Victim, born in 2002, lived with Peterson and SP in 2007; victim and Peterson engaged in a recurring “naked game” involving touching and a purple object; SP participated at times and approved acts under Peterson’s direction.
In 2007, grandmother found the victim with his mouth on his cousin’s penis; the grandmother notified a licensed counselor who reported to social services.
Therapy and forensic interviews described prior assaults by Peterson; authorities forwarded findings to Child Protection Services and Campbell County sheriff’s office; the child was placed in a residential home in SD due to sexualized behavior.
In December 2007, SP described two incidents to the sheriff; a subsequent four-count information charged Peterson with second-degree sexual abuse, two counts of first-degree sexual abuse, and soliciting a minor; jury trial began September 21, 2009; verdicts: guilty on Counts I and IV, acquittal on II and III; sentences: 18-20 years plus 4-5 years consecutive.
Peterson moved for remand to develop evidence on trial counsel’s effectiveness; remand addressed four issues; district court found no ineffective assistance; case returned to this Court for direct appeal on ineffectiveness grounds.
Peterson ultimately appeals, arguing multiple failures by trial counsel; the Court affirms the district court’s determinations and rejects Peterson’s claims of ineffective assistance.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Cumulative ineffective assistance of trial counsel	Peterson claims lack of preparation, investigation, and instruction; overall incompetence.	Wyoming courts require deficient performance and prejudice; record shows reasonable conduct.	No, insufficient showing of deficient performance or prejudice.
Failure to investigate and interview SP	Counsel did not adequately interview SP, a key witness for the State.	Counsel interviewed SP, reviewed transcripts, and made reasonable investigative decisions.	Not ineffective; investigation deemed reasonable.
Competency/taint hearing and Daubert issues	Counsel failed to address taint in competency proceedings.	Defense strategy focused on taint credibility at trial with expert support.	Not ineffective; taint issues adequately addressed at trial.
Cross-examination of the minor victim	Counsel did not cross-examine substantively; strategy flawed.	Strategy to elicit inconsistencies and rely on expert testimony was reasonable.	Not ineffective; strategy reasonable and not prejudicial.
Voir dire, jury instructions, opening statement	Counsel’s voir dire and failure to propose defense instructions compromise fairness.	Record shows wide range of competent practice; no specific prejudice shown.	Not ineffective; no reversible error found.

Dettloff v. State, 152 P.3d 876 (Wyoming 2007) (establishes Strickland-based prejudice standard; mixed questions of law and fact)
Hirsch v. State, 135 P.3d 586 (Wyoming 2006) (standard for reviewing ineffective assistance claims)
Strickland v. Washington, 466 U.S. 668 (U.S. 1984) (establishes deficient performance and prejudice prongs)
Jackson v. State, 902 P.2d 1292 (Wyoming 1995) (adopts Strickland standard for Wyoming law)
King v. State, 810 P.2d 119 (Wyoming 1991) (distinguishes failure to interview from strategic decisions not to interview)
Gist v. State, 737 P.2d 336 (Wyoming 1987) (recognizes limits of witness interview rationale)
Duke v. State, 99 P.3d 928 (Wyoming 2004) (warns deference to counsel’s investigative decisions)
Asch v. State, 62 P.3d 945 (Wyoming 2003) (supports evaluating investigations with deference to counsel)