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West v. State

Supreme Court of Wyoming

October 16, 2013

Anthony Duane WEST, Appellant (Defendant),
v.
The STATE of Wyoming, Appellee (Plaintiff).

Page 158

[Copyrighted Material Omitted]

Page 159

Appellate Counsel. Argument by Mr. Morgan.

Representing Appellee: Gregory A. Phillips, Wyoming Attorney General; David L. Delicath, Deputy Attorney General; Theodore R. Racines, Senior Assistant Attorney General; Prof. Darrell D. Jackson, Faculty Director, Prosecution Assistance Clinic; Emily N. Thomas, Student Director; Thomas Szott, Student Intern. Argument by Mr. Szott.

Before KITE, C.J., and HILL, VOIGT, BURKE, and DAVIS, JJ.

KITE, Chief Justice.

[¶ 1] Anthony Duane West was convicted after a jury trial of conspiracy to commit burglary. He claims the district court erred by refusing to order one of his co-conspirators to submit handwriting exemplars so that Mr. West's expert witness could evaluate whether the co-conspirator was the author of certain notes sent in jail. We conclude that the subpoena procedure may be used to order a witness to provide handwriting exemplars; however, any error was harmless.

[¶ 2] We affirm.

ISSUE

[¶ 3] The issue on appeal is:

Did the trial court commit prejudicial error when it denied Mr. West's request for handwriting exemplars from a co-conspirator? [1]

FACTS

[¶ 4] Jeffery Stumpf was the CEO of Tatooine Industries International, an electronics company with a recycling facility east of Cheyenne, in Laramie County, Wyoming. His cousin, Edwin Stumpf, was the supervisor of the recycling facility. Mr. West worked for Tatooine for a short period of time in 2009. Although he was generally a good employee, he was terminated because he did not show up for work or call to explain his absence in accordance with company policy. Mr. West subsequently claimed that he was injured on the job on his last day of work. Mr. West filed a workers' compensation claim, and Tatooine ...


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