Tageant v. State
| Decision Date | 13 July 1984 |
| Docket Number | No. 84-15,84-15 |
| Citation | 683 P.2d 667 |
| Parties | Robert TAGEANT, Appellant (Defendant), v. The STATE of Wyoming, Appellee (Plaintiff). |
| Court | Wyoming Supreme Court |
Leonard D. Munker, State Public Defender, Wyoming Public Defender Program, and Sylvia Lee Hackl, Appellate Counsel, Wyoming Public Defender Program, Cheyenne; Gerald M. Gallivan, Director, Wyoming Defender Aid Program, and Michael Chadey, Student Intern, Wyoming Defender Aid Program, Laramie, for appellant.
A.G. McClintock, Atty. Gen., Gerald A. Stack, Deputy Atty. Gen., John W. Renneisen, Sr. Asst. Atty. Gen., Michael K. Kelly, Student Intern, Cheyenne, for appellee.
Before ROONEY, C.J., and THOMAS, ROSE, BROWN and CARDINE, JJ.
Appellant Tageant appeals from the conviction of conspiracy to commit burglary and burglary. Sections 6-7-201(a)(i) and 6-1-203(a), W.S.1977. His appeal is based on the contention that the trial court made a constitutional error when it denied appellant's request for a continuance.
We will affirm.
The issues we will address are whether the trial court abused its discretion by denying appellant's request for a continuance, and whether an unreasonable delay resulted from the failure of the state to bring charges against appellant for approximately eleven months in violation of appellant's due process rights.
On September 12, 1983, appellant was tried and found guilty of burglary and conspiracy to commit burglary. The charges arose from a series of events which occurred in and around Casper, Wyoming, between August 16 to 19, 1982. An information charging appellant was filed on July 12, 1983, and a motion for speedy trial was filed by appellant on August 8, 1983.
The continuance requested by appellant was in connection with the testimony of Larry Rosencrans, and his statements to an investigator of the Grand Junction Sheriff's department, Milo Vig. Rosencrans was appellant's partner in crime throughout the burglaries charged. Rosencrans escaped during a high speed chase and eventually went to the Grand Junction Sheriff's Department to give a statement to Investigator Vig. After the statement was given, Rosencrans was arrested in connection with the burglaries and returned to Casper.
Investigator Vig made a written report of Rosencrans' statements. This report was made a part of the court file on July 14, 1983, and, therefore, was available to appellant from that date.
Appellant claims that the testimony of Rosencrans was "radically different from and inconsistent with the statements he had given to investigator Vig" and that this resulted in appellant being taken by surprise. Appellant had not prepared for the possibility that Rosencrans' testimony would vary from the earlier statements given to Vig; and therefore, Vig was not subpoenaed before trial and was not present at these proceedings. Appellant made a motion for continuance during the trial in order to subpoena Vig in Grand Junction and have him testify. Appellant claims that Vig's testimony was central to his ability to attack Rosencrans' credibility.
It is a well-known rule in Wyoming that the refusal of a request for a continuance of trial is ordinarily a matter within the sound discretion of the trial court under the circumstances of each case. Sims v. State, Wyo., 530 P.2d 1176 (1975). For a continuance to be granted by the trial court due to the absence of a witness there must be a showing that the witness' testimony would be material were he allowed to testify and that the moving party used due diligence to procure the attendance of the witness. Haight v. State, Wyo., 654 P.2d 1232 (1982). We will not disturb the ruling of the trial court absent a clear showing of abuse resulting in manifest injustice. United States v. Spoonhunter, 476 F.2d 1050, 1056 (10th Cir.1973).
The circumstances of this case lead us to the conclusion that the trial court did not abuse its discretion. Appellant had the opportunity to cross-examine Rosencrans and to impeach him with Investigator Vig's report. We cannot determine from the record in this case what appellant could have further accomplished by having Vig testify.
Appellant argues that he was prejudiced by not being allowed to impeach Rosencrans' testimony. This is unsupported by the record. Appellant was allowed to and did attempt to impeach Rosencrans during the trial. By thoroughly preparing for trial, appellant...
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Haselhuhn v. State
...where fairness, due process and justice are denied. Gentry v. State, Wyo., 724 P.2d 450 (1986), Urbigkit, J., dissenting; Tageant v. State, Wyo., 683 P.2d 667 (1984); Sims v. State, Wyo., 530 P.2d 1176 On the day before trial, Haselhuhn's lawyer first learned that the two eyewitnesses, Safe......
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Despain v. State
...Application of balancing factors becomes necessary only if a sufficient delay requiring factual explanation first exists. Tageant v. State, 683 P.2d 667 (Wyo.1984); Wheaton, 528 A.2d 1109. Cf. State v. Carisio, 552 A.2d 23 (Me.1988), sixteen months delay gives rise to a presumption that suc......
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Gentry v. State, 86-50
...Court has consistently held that the granting of a motion for continuance is within the discretion of the trial court. Tageant v. State, Wyo., 683 P.2d 667 (1984); Haight v. State, Wyo., 654 P.2d 1232 (1982); Sims v. State, Wyo., 530 P.2d 1176 (1975). The standard for review, therefore, is ......
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