Randall D. Schreibvogel, Appellant (defendant) v. the State of Wyoming, Appellee (plaintiff)

Summary

A jury convicted Randall Schreibvogel of two counts of first-degree sexual assault and one count of robbery, and the Wyoming Supreme Court affirmed. The court held that the State had standing to move to quash the defendant's subpoena duces tecum for the victim's financial records and that the district court did not abuse its discretion in quashing it; that victim impact testimony, post-incident hearsay, and the 'coked up' and child-support-arrearage evidence were admitted without plain error or material prejudice; that the prosecutor's questions about whether other witnesses were lying or mistaken were conceded misconduct but not unfairly prejudicial, and the closing argument did not shift the burden of proof; and that trial counsel was neither deficient nor prejudicial. Voigt, Chief Justice, specially concurred in the result while criticizing the prosecutor's repeated improper questions, asserting the 'coked up' testimony was intentionally introduced uncharged 404(b) misconduct evidence, and warning that requiring appellants to prove prejudice leaves the State nearly unfettered.