Marquess v. State

Appellant Gary Marquess was tried and convicted by a jury of aggravated assault and battery, battery, kidnapping, and being a habitual criminal. Appellant appealed, arguing (1) the district court abused its discretion when it admitted evidence of the events that occurred the first day of the alleged assault, and (2) the district court abused its discretion when it admitted into evidence a 911 recording as a prior consistent statement under Wyo. R. Evid. 801(d)(1)(B). The Supreme Court held (1) the admission of evidence of events occurring on March 1, 2009 did not result in a transgression of a clear and unequivocal rule of law and therefore plain error did not occur; and (2) the 911 call statements were improperly admitted as prior consistent statements under 801(d)(1)(B) because they were not offered to rebut a recent charge of fabrication, improper motive or influence. However, the the 911 call statements were properly admissible as an excited utterance under Wyo. R. Evid. 803(2). Affirmed. View "Marquess v. State" on Justia Law