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Worley v. State

Supreme Court of Wyoming

January 11, 2017

MATTHEW SCOTT WORLEY, Appellant (Defendant),
v.
THE STATE OF WYOMING, Appellee (Plaintiff). MATTHEW SCOTT WORLEY, Appellant (Defendant),
v.
THE STATE OF WYOMING, Appellee (Plaintiff). MATTHEW SCOTT WORLEY, Appellant (Defendant),
v.
THE STATE OF WYOMING, Appellee (Plaintiff).

         Appeal from the District Court of Campbell County The Honorable John R. Perry, Judge

          Representing Appellant: Office of the Public Defender: Diane M. Lozano, State Public Defender; Tina N. Olson, Chief Appellate Counsel. Argument by Ms. Olson.

          Representing Appellee: Peter K. Michael, Wyoming Attorney General; David L. Delicath, Deputy Attorney General; Christyne Martens, Senior Assistant Attorney General; Timothy W. Miller, Senior Assistant Attorney General. Argument by Mr. Miller.

          Before BURKE, C.J., and HILL, DAVIS, FOX, and KAUTZ, JJ.

          KAUTZ, JUSTICE.

         [¶1] A jury convicted Matthew Scott Worley of one count of first-degree sexual assault and one count of battery of a household member.[1] On appeal, Mr. Worley claims he received ineffective assistance of trial counsel, the prosecutor failed to disclose information as required by Brady v. Maryland, 371 U.S. 812, 83 S.Ct. 56, 9 L.Ed.2d 54 (1962) and the State presented insufficient evidence to sustain the battery conviction. We affirm.

         ISSUES

         [¶2] Mr. Worley presents the following issues on appeal:

I. Was trial counsel for [Mr. Worley] ineffective when he failed to challenge the credibility of the alleged victim?
II. Did the prosecutor commit misconduct when he failed to disclose exculpatory evidence relating to the alleged victim?
III. Was there sufficient evidence to support [Mr. Worley's] conviction of battery?

         FACTS

         [¶3] On Thanksgiving Day of 2013, Officers Ryan Mussell and Dennis Deur with the Gillette Police Department responded to a report of a 911 hang up call. They responded to the address in question and first made contact with Mr. Worley. Mr. Worley invited the officers inside, and Officer Mussell interviewed Mr. Worley while Officer Deur interviewed Mr. Worley's wife, Rebecca Worley. Officer Mussell learned that, although Mr. and Mrs. Worley were married, Mr. Worley did not live at the apartment with Mrs. Worley. Mr. Worley also told Officer Mussell that he thought Mrs. Worley would claim that Mr. Worley punched her in the face. Mr. Worley explained that he had been drinking whiskey throughout the day and did not recall punching his wife in the face.

         [¶4] Officer Deur observed cut marks on Mrs. Worley's collarbone and noticed that her right eye was swollen. Mrs. Worley told Officer Deur that Mr. Worley had hit her with an open hand, and then, while she was performing fellatio on Mr. Worley, he told her she was "doing it wrong" and punched her in the ...


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