from the District Court of Laramie County The Honorable
Catherine R. Rogers, Judge
Representing Appellant: Dion J. Custis, Dion J. Custis, P.C.,
Representing Appellee: Peter K. Michael, Attorney General;
Christyne M. Martens, Senior Assistant Attorney General;
Samuel L. Williams, Assistant Attorney General. Argument by
BURKE, C.J., and HILL [*] , FOX, and KAUTZ, JJ., and KORELL,
KORELL, District Judge.
On August 9, 2016, a Laramie County jury found Appellant,
Dustin Bruckner, guilty of one count of sexual assault in the
first degree, in violation of Wyo. Stat. Ann. § 6-2-302
(a)(iii) (LexisNexis 2017). The jury concluded Appellant
committed sexual intrusion upon a non-consenting victim who
he knew or had reason to believe was physically helpless. He
now appeals, claiming his trial counsel provided ineffective
assistance. We affirm.
Appellant presents the following issues:
1. Did trial counsel provide ineffective assistance of
counsel by her failure to object to inadmissible evidence and
failure to adequately advance her theory of the case?
2. Did trial counsel provide ineffective assistance of
counsel by her failure to suppress the statements made by
Appellant when under investigative detention?
At approximately 11:00 p.m., on July 11, 2015, Appellant
travelled to the Peppermill Bar in Cheyenne to meet his
girlfriend, Victoria Seeley. While there, Appellant also saw
an acquaintance, Chris Jones. Mr. Jones was joined by his
girlfriend, who is the victim in this matter, and his
roommate. Following last call, Mr. Jones invited Appellant
and the others to his home. Upon arrival, Mr. Jones provided
a tour of the split-level home, finally convening in the
kitchen area on the upper level where they socialized and
consumed alcohol through most of the early morning hours of
The victim eventually retired to Mr. Jones' bedroom,
which is located a few feet from the kitchen area and
adjacent to a bathroom. She was absent from the group for at
least twenty minutes-but as much as an hour and a half-before
Appellant excused himself from the company of Mr. Jones and
Ms. Seeley, stating he was going to the bathroom.
Approximately fifteen to twenty minutes later, the victim
emerged from Mr. Jones' bedroom into the kitchen area.
According to Ms. Seeley, the victim appeared very upset and
left the residence without speaking. The victim travelled on
foot to a neighbor's home across the cul-de-sac where she
reported Appellant sexually assaulted her as she slept.
The neighbor called law enforcement, who arrived at Mr.
Jones' residence shortly thereafter. Law enforcement
questioned the witnesses, including Appellant. Appellant
denied the allegations, but then requested he be handcuffed
and taken to the police station due to his fear for his
personal safety if he remained at the residence. Law
enforcement accommodated his request.
At the station, Appellant cooperated with law enforcement by
providing a DNA sample and consenting to the review of his
cell phone. He was free from handcuffs or restraints. The
detective provided Miranda advisements to Appellant.
Appellant agreed to questioning which was videotaped. Even
though the questioning evolved from conversational to
accusatorial, Appellant continued to vehemently deny the
allegations. The questioning lasted for about ...