Black v. StateAnnotate this Case
The Supreme Court affirmed the judgment of the district court convicting Defendant of intimidating and influencing a witness in violation of Wyo. Stat. Ann. 6-5-305(a), holding that Defendant did not show that the prosecutor's comments in rebuttal closing argument or the district court's failure to instruct the jury on voluntariness constituted plain error.
Specifically, the Court held (1) the prosecutor did not commit plain error during rebuttal closing argument by improperly shifting the burden of proof to Defendant or stating facts not in evidence; and (2) the district court did not plainly err in failing to instruct the jury that it had to find Defendant acted voluntarily.