from the District Court of Fremont County The Honorable
Norman E. Young, Judge
Representing Appellant: Office of the Public Defender: Diane
Lozano, State Public Defender; Tina N. Olson, Chief Appellate
Counsel; David E. Westling, Senior Assistant Appellate
Representing Appellee: Peter K. Michael, Wyoming Attorney
General; David L. Delicath, Deputy Attorney General;
Christyne Martens, Senior Assistant Attorney General; Peter
F. Howard, Assistant Attorney General.
BURKE, C.J., and HILL, DAVIS, FOX, and KAUTZ, JJ.
A jury convicted Justin Tanner King of felonious restraint,
strangulation of a household member, and domestic battery.
Mr. King's first trial resulted in a mistrial at his
request after the district court determined that the
prosecutor asked Mr. King improper questions during
cross-examination. Before the second trial began, Mr. King
requested that the case against him be dismissed based on the
Fifth Amendment's prohibition against double jeopardy.
The district court denied Mr. King's motion and Mr. King
appeals that decision. We affirm.
The issue in this case is whether the district court erred in
denying Mr. King's motion to dismiss after it granted Mr.
King's motion for a mistrial.
On March 14, 2015, the Fremont County Sheriff's Office
received a report from Patricia Barrett that her
ex-boyfriend, Mr. King, had assaulted her earlier that
evening. Ms. Barrett reported that Mr. King became angry when
he learned Ms. Barrett had been in a new relationship after
she and Mr. King had separated. Ms. Barrett stated that Mr.
King held a knife to her throat, struck her in the face with
his fists, and choked her multiple times. He also dragged her
through the home by her hair, and eventually forced her into
her car and drove the two of them from Riverton, Wyoming, to
nearby Lander, Wyoming, all the while threatening to kill her
and her children. The victim reported she escaped when Mr.
King left her alone in the car while he went inside his
friend's home in Lander. Ms. Barrett also reported that
Mr. King had stolen cash that was in her purse. Based upon
this report, the Fremont County Attorney charged Mr. King
with one count each of felonious restraint, strangulation of
a household member, aggravated assault and battery, domestic
battery, and theft.
The case proceeded to a jury trial. On the third day of
trial, the following exchange occurred during the State's
cross-examination of Mr. King:
[Prosecutor]. Mr. King, you have denied ever laying a hand on
Ms. Barrett or harming her in any way?
[Mr. King]. That's correct, sir.
Q. Do you remember when you first got down here and Detective