446 P.3d 191
Wyo.2019Background
- In July 2016 five‑year‑old RH left a bowling alley with Joshua Winters; Winters carried RH across the North Platte River to a secluded spot where RH later testified Winters digitally and orally penetrated him and threatened his family. RH was found alone and taken to police and a SANE exam; anal swabs later showed Winters as the major DNA contributor to a mixture.
- Winters admitted meeting RH and going into the river but denied sexual contact; he claimed he saved RH after RH slipped and later lost sight of him.
- A jury convicted Winters of aggravated kidnapping, first‑degree sexual abuse of a minor, and second‑degree sexual abuse; the court imposed consecutive terms totaling 80–115 years. Winters appealed and separately filed a W.R.A.P. 21 motion alleging ineffective assistance of trial counsel; appeals were consolidated.
- Key contested legal issues: effectiveness of counsel (failure to challenge child competency, object to hearsay, interview witnesses, or retain a DNA expert), admission of 404(b) other‑acts evidence, sufficiency of evidence for kidnapping, and whether kidnapping and sexual‑abuse sentences must merge under double jeopardy.
- The district court denied the Rule 21 motion after an evidentiary hearing; the Wyoming Supreme Court affirmed in all respects, rejecting ineffective‑assistance claims, upholding 404(b) admission as probative of motive, finding sufficient circumstantial evidence of unlawful removal and intent, and holding the offenses do not merge under Blockburger.
Issues
| Issue | Winters' Argument | State's Argument | Held |
|---|---|---|---|
| 1) Ineffective assistance — failure to challenge RH's competency | Counsel was deficient for not moving for competency; RH’s CAP interviews show inability to understand/communicate, producing prejudice because RH was the primary eyewitness | RH was competent under Larsen factors; counsel reasonably concluded competency and any disagreements bore on credibility, not competency; no prejudice shown | No ineffective assistance; RH competent and counsel's choice reasonable |
| 2) Ineffective assistance — failure to object to hearsay (CAP interview and officer statements) | CAP video and officer testimony were inadmissible hearsay and counsel erred by not objecting | Prior consistent‑statement exception applied (W.R.E. 801(d)(1)(B)); prior statements were generally consistent and were admitted after defense impeachment suggesting fabrication/influence | No ineffective assistance; statements admissible as prior consistent statements |
| 3) Other acts (W.R.E. 404(b)) | Admission of Rhode Island juvenile molestation admissions and testimony was prejudicial, remote, and derived from confidential juvenile records | Evidence probative of motive and tendency to sexually target prepubescent children; disposition not admitted and records were sealed; probative value outweighed prejudice | Admission upheld: proper purpose (motive), relevant, probative > prejudicial, limiting instructions given |
| 4) Sufficiency of kidnapping conviction & merger of sentences | (a) Insufficient proof of unlawful "removal" and intent to facilitate sexual felony at time of removal; (b) Kidnapping and first‑degree sexual abuse are same offense here so sentences must merge | (a) Evidence showed Winters lured RH, carried him across river to secluded place and threatened him; intent can be proven circumstantially; (b) Statutes have different elements (sexual intrusion vs. unlawful removal) so Blockburger not violated | (a) Evidence sufficient — removal and intent proven by circumstantial inference; (b) No merger — each offense requires an element the other does not |
Key Cases Cited
- Strickland v. Washington, 466 U.S. 668 (ineffective assistance standard: deficient performance and prejudice)
- Blockburger v. United States, 284 U.S. 299 (same‑elements test for double jeopardy/merger)
- Griggs v. State, 367 P.3d 1108 (Wyo.) (deferring to mixed questions of law and fact in Strickland review and prior‑consistent‑statement analysis)
- Jones v. State, 393 P.3d 1257 (Wyo.) (limits on prior consistent statements; impeachment may be implied and opens door)
- Gleason v. State, 57 P.3d 332 (Wyo.) (framework for admissibility of Rule 404(b) evidence)
- Larsen v. State, 686 P.2d 583 (Wyo.) (child witness competency guided by intelligence, not age; factors for competency determination)