Wyoming Supreme Court

Arthur M. Armstrong, Appellant (defendant) v. the State of Wyoming, Appellee (plaintiff)

February 27, 1992826 P.2d 1106

Summary

The Wyoming Supreme Court affirmed Armstrong's first degree murder conviction and life sentence. It held that the prosecutor's questions eliciting Armstrong's testimony about feeling 'malice' sought factual, not legal, opinions; that the prosecutor's closing argument, including a victim-impact remark, was error but not plain error or materially prejudicial; that the challenged testimony was admissible as non-hearsay (effect on listeners) or under the state-of-mind exception; and that denial of a change of venue was not an abuse of discretion because voir dire showed the inflammatory Rocket-Miner article did not taint the jury.

Holding

  • Legal-conclusion cross-examination question. The prosecutor's questions asking whether Armstrong felt anger, ill will and malice did not elicit an improper legal conclusion; Armstrong was testifying to his factual recollection of personal feelings, and 'malice' as used carried no legal conclusion requiring reversal.
  • Prosecutor's closing argument. The prosecutor's closing argument, including the 'malice' discussion, the victim-impact comment about not putting the victim's family through another ordeal, and the jury-duty reference, did not constitute plain error or result in material prejudice.
  • Hearsay testimony about anticipated return with a gun. The challenged testimony was admissible: Roberts' statements of her own fear were not hearsay; Armstrong's statements about carrying a gun were party-opponent admissions; and repetitions of Roberts' statement to the victim and witnesses were non-hearsay offered to show effect on listeners, or alternatively admissible under the W.R.E. 803(3) state-of-mind exception.
  • Change of venue. The trial court did not abuse its discretion in denying the change of venue because the prejudice from the inflammatory Rocket-Miner article did not deny Armstrong a fair trial.

Docket 91-72

Cited authorities

  • Fed. R. Evid. 701
  • Fed. R. Evid. 701
  • Fed. R. Evid. 704
  • Fed. R. Evid. 701
  • Fed. R. Evid. 701
  • 52 Harv. L. Rev. 905
  • 43 Yale L.J. 537
  • 79 Geo. L.J. 337

Cited by