Walker v. State
2012 WY 1
| Wyo. | 2012Background
- Walker was convicted of felony stalking under Wyo. Stat. Ann. § 6-2-506(b) for a March 20, 2010 Wal-Mart encounter with his ex-wife, while a permanent order of protection was in place.
- Stalking requires proof beyond a reasonable doubt of a course of conduct reasonably likely to harass; the statute defines course of conduct and harassment elements.
- The jury received an elements instruction requiring beyond a reasonable doubt for each element, but 404(b) uncharged misconduct evidence was admitted and instructed to be proven by a preponderance.
- The district court conducted a Gleason hearing and admitted fourteen prior incidents as 404(b) evidence; those acts were argued to prove course of conduct, intent, etc.
- At trial, the court repeatedly instructed that similar acts evidence must be proven by preponderance, creating conflicting burden on the course-of-conduct element.
- The court did not object to the instructions; the issue is reviewed as plain error, requiring prejudice if the instruction misled the jury on the law.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Did plain error occur from conflicting burden instructions on course of conduct? | Walker argues the court misled the jury on burden of proof for the course of conduct element. | State contends instructions properly distinguished purposes of 404(b) evidence separate from charged conduct. | Yes; plain error found; reversed and remanded for new trial. |
Key Cases Cited
- Gleason v. State, 57 P.3d 332 (Wy. 2002) (guidance on admissibility of uncharged misconduct in stalking cases)
- Taylor v. State, 17 P.3d 715 (Wy. 2001) (instruction review must consider instructions as a whole)
- Olsen v. State, 67 P.3d 536 (Wy. 2003) (instructions must clearly state governing law)
- Miller v. State, 904 P.2d 344 (Wy. 1995) (clarity of jury instructions regarding elements)
- Compton v. State, 931 P.2d 936 (Wy. 1997) (prejudice requires that instruction misled the jury about the law)
- Black v. State, 46 P.3d 298 (Wy. 2002) (plain-error standard requires clear rule violation and prejudice)