Wyoming Supreme Court

Bill C. Stephens, Appellant (defendant) v. the State of Wyoming, Appellee (plaintiff)

May 3, 19891989 Wyo. LEXIS 108

Summary

The court reversed Stephens's conviction and remanded for a new trial because prosecution experts were allowed to testify that the child had been sexually abused by Stephens and that one expert believed the child. Such testimony effectively expressed an opinion on guilt, invaded the jury's function, and constituted plain error; the court also identified evidentiary and prosecutorial issues requiring careful treatment on retrial. Justice Brown, Retired, dissenting, would have affirmed because the evidence of guilt was overwhelming and the court improperly raised reversible issues on its own initiative.