Carter v. Wyoming

Defendant-Appellant Gary Carter was tried and convicted by a jury of a single felony charge of possessing, with intent to deliver, two grams of methamphetamine. The court sentenced Defendant to twelve to fifteen years in the Wyoming State Penitentiary. On appeal, Defendant contended that plain error occurred when the prosecutor elicited expert witness testimony that Defendant was guilty of being a drug dealer. Furthermore, Defendant alleged that the prosecutor committed misconduct when arguing facts not in evidence during closing argument. Upon review of the record, the Supreme Court concluded that when considered in conjunction with the expert witness testimony, the "troublesome comments" made during closing presented a reasonable probability that Defendant's right to a fair trial was affected: "[t]he information, while subtle, came directly from the prosecutor and did more than insinuate." The Court remanded the case for a new trial. View "Carter v. Wyoming" on Justia Law