Dennis Wayne Crozier, Appellant (defendant) v. the State of Wyoming, Appellee (plaintiff) (Wyoming 1986)

Summary

The court affirmed Crozier’s second-degree murder conviction, rejecting challenges to the admission of the victim’s hearsay statements, evidence that Crozier sought marijuana, the intoxication instruction, and the prosecutor’s closing argument. It held that the hearsay was sufficiently trustworthy and relevant, the marijuana evidence was part of the complete account of the evening, voluntary intoxication does not negate second-degree murder because that offense requires only general intent, and the prosecutor did not comment on Crozier’s failure to testify.

Holding

Admissibility of Freddie’s statements through the school counselor. The trial court properly admitted the hearsay testimony because the declarant was unavailable, the defense received notice and an opportunity to contest admission, the statements were relevant to material issues, and the circumstances supplied sufficient guarantees of trustworthiness.

Admission of evidence that Crozier sought marijuana. The trial court properly admitted evidence that Crozier attempted to obtain marijuana because it was relevant to the chronology and complete account of the evening, explained the neighbor’s presence, and helped establish that Freddie was alive at the relevant time; its probative value was not outweighed by unfair prejudice.

Effect of voluntary intoxication on second-degree murder. Voluntary intoxication is not a defense to second-degree murder because second-degree murder is a general-intent offense; the intoxication instruction was therefore properly limited to first-degree murder.

Prosecutorial comment on failure to testify. The prosecutor did not impermissibly comment on Crozier’s failure to testify by stating that Freddie’s father had testified and denied injuring the child.

Dennis Wayne Crozier, Appellant (defendant) v. the State of Wyoming, Appellee (plaintiff)

Summary

Holding

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