Dugan v. State
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The Supreme Court affirmed Defendant's conviction of stalking, in violation of Wyo. Stat. Ann. 62-506(b) and (e)(I), holding that Defendant's First Amendment right to free speech was not violated when he was prosecuted for writing absence letters to the victim.
Specifically, the Supreme Court held (1) Defendant's right to free speech under the First Amendment was not violated when the State prosecuted him under section 6-2-506 for sending obscene letters to the victim, and the evidence was sufficient to support the jury's conclusion that the letters were obscene under the ordinary meaning of that term; (2) the district court did not err in instructing the jury or by refusing Defendant's request for a special verdict form; (3) the State presented sufficient evidence to establish that Defendant harassed the victim; and (4) the district court did not abuse its discretion by admitting evidence that Defendant had been warned not to send unsolicited letters.
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