Juan Burton, Appellant (defendant) v. the State of Wyoming, Appellee (plaintiff)

Summary

The Wyoming Supreme Court affirmed Juan Burton's conviction for taking indecent liberties with a child. The court held that the prosecutor's closing argument contained at most one improper remark, which was cured by a sustained objection and a curative instruction the jury was presumed to follow, and that the remaining challenged comments were proper in context or did not amount to plain error. It further held that a detective's testimony that the victim's trial account was consistent with her earlier statement was not improper vouching, and that amending the information to change the offense date just before trial caused no substantial prejudice. Justice Voigt, joined by Justice Golden, dissented, contending the prosecutorial misconduct was too egregious and prejudicial to allow the conviction to stand.