Wyoming Supreme Court
David Labon Bush, Appellant (defendant) v. the State of Wyoming, Appellee (plaintiff)
September 17, 20082008 Wyo. LEXIS 112
Summary
The Wyoming Supreme Court affirmed Bush's second-degree murder conviction, holding that the daughter's statements to treating professionals were admissible for diagnosis and treatment and did not violate confrontation rights because she testified and could be cross-examined. The court held that the seriously ill witness could testify by video teleconference, while the admission of his wife's cumulative video testimony was harmless error. It also upheld exclusion of speculative alternative-suspect evidence and rejected Bush's due-process challenge to the charging delay because he showed neither intentional tactical delay nor actual prejudice.