Appeal from the District Court of Carbon County The Honorable Wade E. Waldrip, Judge
The opinion of the court was delivered by: Hill, Justice.
Before KITE, C.J., and GOLDEN, HILL, VOIGT, and BURKE, JJ.
NOTICE: This opinion is subject to formal revision before publication in Pacific Reporter Third. Readers are requested to notify the Clerk of the Supreme Court, Supreme Court Building, Cheyenne, Wyoming 82002, of any typographical or other formal errors so that correction may be made before final publication in the permanent volume.
[¶1] Timothy David Kramer was convicted of attempted first-degree murder and complains on appeal that the jury was improperly instructed, that he received ineffective assistance of counsel, and that a witness improperly testified by video conference. We affirm.
[¶2] Kramer lists three issues for our consideration:
1. The jury was not properly instructed on the elements of first-degree murder as the instructions did not state the jury had to find unanimously that Kramer did not act in the defense of others and the verdict form did not give the jury a venue to make this finding.
2. Kramer received ineffective assistance of counsel when his counsel failed to investigate the case and failed to object to the proposed jury instructions.
3. The trial court erred when it allowed one of the main witnesses in the trial to testify via video conference.
[¶3] On March 4, 2009, Timothy Kramer, Steven Devore, and Joseph Weller began drinking at the Rifleman Bar in Rawlins. After some time, the men left the bar and began arguing while driving. An argument ensued, according to testimony elicited at trial, and Kramer then made both Devore and Weller exit the vehicle. During the exit, Devore broke a window and words were exchanged. Kramer then went to his home and loaded his gun. While doing so, Kramer said he was thinking of his mom and sister, and that they always leave the front door unlocked -- he was "scared" of what Devore might do to them.
[¶4] Kramer left his apartment "in a rage," according to a friend who saw him in the parking lot. Kramer proceeded to where Devore was staying. When Devore answered the door, Kramer immediately shot him eight times and then got in his car and drove away. Kramer was arrested just north of Lyman a few hours later.
[¶5] Amazingly, Devore did not die and after a jury trial, Kramer was convicted of attempted first-degree murder in violation of Wyo. Stat. Ann. § 6-1-301(a)(i) (LexisNexis 2011). The court ...