Steven Randall Marler v. The State of Wyoming, 2026 WY 83

Background

A jury convicted Steven Randall Marler of 14 counts involving sexual abuse, battery, and child endangerment against adopted and foster children in his care. 1
The State gave four pretrial Rule 404(b) notices seeking to admit evidence of massages, punishments, intrusive observation/touching, and threats to silence the children. 2
The district court admitted most of the Rule 404(b) evidence, finding it relevant to motive, intent, course of conduct, plan, and family dynamics. 3
At trial, multiple children testified about punishments, massages, isolation, and sexual abuse; the court periodically gave limiting instructions on the other-acts evidence. 4
The court barred cross-examination of KPM about a false statement to a jail guard and refused to require the State to play Marler’s entire 2016 interview. 5
The jury convicted Marler on most counts and the court imposed consecutive sentences totaling 125 to 175 years for the felonies plus 1,265 days for the misdemeanors. 6

Issues

Issue	Plaintiff's Argument	Defendant's Argument	Held
Admission of Rule 404(b) other-acts evidence 7	Marler said the evidence was irrelevant, cumulative, and unfairly prejudicial.	The State said it showed motive, intent, plan, course of conduct, and grooming.	Affirmed; admission was within the court’s discretion. 8
Limiting cross-examination of KPM 9	Marler said KPM’s lie to a jail guard was admissible impeachment.	The State said the lie was collateral and minimally relevant.	Affirmed; exclusion was proper and not constitutional error. 10
Refusal to play entire 2016 interview 11	Marler claimed completeness required the whole recording be played.	The State said only relevant excerpts were necessary.	Claim waived for lack of offer of proof. 12
Prosecutor’s questioning about AW’s father’s suicide 13	Marler said the questioning inflamed the jury and invoked sympathy.	The State said it provided brief background relevant to AW’s circumstances.	No plain error; no prosecutorial misconduct. 14
Cumulative error 15	Marler said combined errors denied him a fair trial.	The State said there were no errors to cumulate.	Rejected; no cumulative error without underlying error. 16

Key Cases Cited

Winters v. State, 446 P.3d 191 (Wyo. 2019) (Rule 404(b) evidentiary rulings reviewed for abuse of discretion 17)
Gleason v. State, 57 P.3d 332 (Wyo. 2002) (Wyoming broadly permits other-acts evidence for proper purposes 18)
Swett v. State, 431 P.3d 1135 (Wyo. 2018) (sexual behavior with minor children can show motive when charged conduct is denied 19)
Brower v. State, 1 P.3d 1210 (Wyo. 2000) (motive evidence helps resolve victim-versus-accuser conflicts 20)
Mayhew v. State, 438 P.3d 617 (Wyo. 2019) (motive evidence is especially relevant where the accused denies wrongdoing 21)
Leyva v. State, 165 P.3d 446 (Wyo. 2007) (other-acts evidence is admissible for proper purposes, not propensity 22)
Humphrey v. State, 962 P.2d 866 (Wyo. 1998) (prior acts showing family dynamics and control are admissible 23)
Munda v. State, 535 P.3d 523 (Wyo. 2023) (evidentiary rulings are reviewed for abuse of discretion 24)
Detimore v. State, 557 P.3d 1172 (Wyo. 2024) (confrontation rights allow reasonable limits on repetitive or marginally relevant cross-examination 25)
Farrow v. State, 437 P.3d 809 (Wyo. 2019) (Rule 405(b) allows specific instances when character is an essential element 26)
Crane v. Kentucky, 476 U.S. 683 (U.S. 1986) (defendants have a meaningful opportunity to present a complete defense 27)
Holmes v. South Carolina, 547 U.S. 319 (U.S. 2006) (evidence may be excluded under ordinary rules when justified by prejudice or confusion 28)
Lott v. State, 519 P.3d 646 (Wyo. 2022) (plain-error review governs unpreserved prosecutorial misconduct claims 29)
O'Dell v. State, 584 P.3d 443 (Wyo. 2026) (jurors are presumed to follow limiting instructions 30)
Hicks v. State, 478 P.3d 652 (Wyo. 2021) (cumulative error considers only actual errors 31)