Scott A. Galbreath
2015 WY 49
| Wyo. | 2015Background
- Scott A. Galbreath (defendant) was charged with second-degree sexual abuse of a minor based on alleged sexual intrusion of a 15-year-old by a 29-year-old between Feb 1 and Apr 15, 2013.
- Galbreath was tried by a jury, convicted, and sentenced to 10–18 years (with credit for time served); he appealed claiming ineffective assistance of trial counsel.
- Alleged attorney errors: failure to present a witness to admit a December 2013 DNA lab report; inadequate investigation and impeachment of Galbreath’s father (Gary) regarding inconsistent statements and surgery/medication timing; deficient voir dire (failure to probe juror biases re: sexual-abuse cases and to remove a retired defense attorney from the panel).
- The DNA report compared a mattress cutout to oral swabs from Galbreath and found the partial profile was not consistent with him; no sample from the victim was tested.
- Gary testified inconsistently with prior statements to police (initially saying he heard the sexual activity, then recanting); defense questioning about medications was undermined when prosecution showed surgery occurred after the police interview.
- The prosecutor conducted extensive voir dire on sexual-abuse biases; the retired defense attorney was not seated on the jury.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Ineffective assistance for failing to introduce DNA report | Galbreath: Report showed no link between him and the mattress, would help defense | State: Report didn’t include victim sample; foundational witness not designated; admission risked impeachment issues | Court: No prejudice — report did not prove absence of sexual contact with victim and would not have changed outcome |
| Ineffective assistance for inadequate examination/investigation of Gary (father) | Galbreath: Counsel failed to check surgery dates and medications, which led to damaging impeachment | State: Gary’s credibility was already damaged by inconsistent police statements and parental bias | Court: No prejudice — inconsistencies and relationship to defendant already undermined credibility |
| Ineffective assistance for voir dire failures | Galbreath: Counsel did not sufficiently probe juror biases about child-sex-abuse and failed to remove a prominent juror | State: Prosecutor thoroughly questioned jurors about such biases; the prominent juror was not seated | Court: No prejudice — issues were explored and no showing of how outcome would differ |
| Overall ineffective-assistance claim under Strickland | Galbreath: Trial errors cumulatively show deficient performance and prejudiced outcome | State: Any errors did not create a reasonable probability of a different result | Court: Claim fails for lack of demonstrated prejudice; conviction affirmed |
Key Cases Cited
- Strickland v. Washington, 466 U.S. 668 (established two-prong ineffective assistance test)
- Frias v. State, 722 P.2d 135 (Wyo. 1986) (adoption of Strickland standard in Wyoming)
- Bloomer v. State, 233 P.3d 971 (Wyo. 2010) (definition of deficient performance; prejudice standard)
- Eaton v. State, 192 P.3d 36 (Wyo. 2008) (failure to prove either Strickland prong is fatal)
- Sanchez v. State, 253 P.3d 136 (Wyo. 2011) (bald assertions of prejudice insufficient)