Nathan Earl Jones, Appellant (defendant Below) v. the State of Wyoming, Appellee (plaintiff Below)

Summary

The Wyoming Supreme Court affirmed Nathan Earl Jones's conviction of first-degree felony murder for a killing committed during an attempted robbery of a service station near Rawlins. The court held that the circumstantial evidence was sufficient to sustain the conviction, applying the standard that evidence is viewed in the light most favorable to the prosecution to determine whether substantial evidence supports the verdict, and that specific intent to rob may be proven circumstantially. The court also held that the prosecution's failure to produce certain items (photographs, a .22 revolver, a money clip with a bullet hole, a witness's tape-recorded statement, and coroner's notes) did not violate due process under Brady and Agurs, because the undisclosed evidence was not material — it did not create a reasonable doubt of guilt that did not otherwise exist, and the jury knew of the missing items. Finally, the court held that the trial court did not abuse its discretion in denying a new trial based on Richmond's affidavit recanting/allocuting responsibility, given the utmost suspicion accorded recantation-type testimony. Justice McClintock specially concurred, reiterating misgivings about the Blakely standard of review but finding the evidence sufficient even under the stricter prior instruction.