Woods v. State
Decision Date | 20 September 2017 |
Docket Number | S-17-0048. |
Citation | 401 P.3d 962 |
Parties | Clinton Ray WOODS, Appellant (Defendant), v. The STATE of Wyoming, Appellee (Plaintiff). |
Court | Wyoming Supreme Court |
Representing Appellant: Timothy C. Kingston of the Law Office of Tim Kingston, LLC, Cheyenne, Wyoming.
Representing Appellee: Peter K. Michael, Attorney General; David L. Delicath, Deputy Attorney General; Christyne Martens, Senior Assistant Attorney General; Caitlin F. Harper, Assistant Attorney General. Argument by Ms. Harper.
Before BURKE, C.J., and HILL, FOX, KAUTZ, JJ., and KRICKEN, D.J.
[¶1] Clinton Ray Woods (Woods) was convicted by a jury of three counts of Sexual Abuse of a Minor in the Second Degree , in violation of Wyo. Stat. Ann. § 6-2-315(a)(i) (LexisNexis 2013), and one count of Sexual Abuse of a Minor in the Third Degree , in violation of Wyo. Stat. Ann. § 6-2-316(a)(i), for his sexual abuse of the fourteen-year-old daughter of his girlfriend. He now appeals, claiming that his trial counsel was ineffective in multiple ways and further asserting that the district court committed reversible error. We affirm.
[¶2] In his appeal, Woods presents the following issues:
[¶3] Although originally charged with additional felony counts, on July 12, 2016, Woods proceeded to a jury trial on three counts of Sexual Abuse of a Minor in the Second Degree , in violation of Wyo. Stat. Ann. § 6-2-315(a)(i), and one count of Sexual Abuse of a Minor in the Third Degree , in violation of Wyo. Stat. Ann. § 6-2-316(a)(i). The allegations underlying the charges were that Woods had engaged in sexual activity on several occasions with D.O., the fourteen-year-old daughter of his girlfriend, Angel King, some of which was joined in and condoned by King.
[¶4] Ultimately, on November 6, 2014, law enforcement was dispatched to King's home on the report of a domestic disturbance. King told the officer that she had gotten into a fight with Woods and punched him, stating "[h]e's not going to do to my daughter what's been done to me." D.O. denied any improper conduct on Woods' part when the officer so inquired. However, after the officer left, D.O. told her brother that Woods had been sexually abusing her. While at her father's home the following weekend, D.O. also told her father of the abuse. D.O.'s father took D.O. to an attorney's office in Cheyenne, to whom he and D.O. disclosed the sexual abuse. The attorney contacted law enforcement, who initiated the investigation that culminated in the criminal charges and jury trial.
[¶5] Woods' defense at trial—that he had not committed any of the accused conduct—was based on the lack of corroborating physical evidence and on D.O.'s inconsistent versions of the alleged events. Because the only evidence of the alleged sexual abuse was D.O.'s story, Woods' trial strategy was to challenge her credibility. At trial, the State of Wyoming and defense counsel agreed that the jury should view the video of a pretrial forensic interview conducted with D.O. The State sought to introduce the video to demonstrate D.O.'s prior consistent statements, while Woods believed the video demonstrated D.O.'s prior inconsistent statements that would result in the jury concluding she had lied. The district court expressed its concerns, engaging in the following colloquy with defense counsel:
The district court permitted the jury to view the forensic interview.
[¶6] Additionally, the State offered the testimony of Dr. Fred Lindberg, a psychologist who specialized in the area of child sexual abuse. Woods did not object to Dr. Lindberg's testimony or request a pretrial Daubert hearing, nor did the district court conduct one sua sponte . At trial, Dr. Lindberg testified on reporting patterns in juvenile victims of sexual abuse and general characteristics of victims of sexual abuse. At the conclusion of the trial, the district court inquired as to whether counsel wished to have the jury instructed concerning expert witness testimony; both declined and the court omitted the instruction.
[¶7] The jury subsequently convicted Woods of all four offenses for which he was tried. This appeal followed. Further facts will be discussed herein as necessary for a resolution of the issues presented.
[¶8] Woods raises multiple issues on appeal that can be categorized as claims of ineffective assistance of trial counsel and claims of reversible error by the trial court.
[¶9] Woods claims that trial counsel was deficient in several respects. This Court will address each assertion in turn, as well as any cumulative impact of counsel's alleged deficiencies.
[¶10] Issues involving ineffective assistance of counsel involve mixed questions of law and fact, which this Court reviews de novo . Jones v. State , 2017 WY 44, ¶ 15, 393 P.3d 1257, 1261–62 (Wyo. 2017). In addressing the burden upon a defendant claiming ineffective assistance of counsel, this Court has noted:
To establish that counsel was ineffective, [a defendant] must show that under the circumstances at the time of a challenged act or omission, his attorney's performance fell below that of a reasonably competent lawyer, and that it is reasonably probable that absent the deficient performance the outcome of the proceeding would have been more favorable to him. Griggs v. State , 2016 WY 16, ¶ 36, 367 P.3d 1108, 1124 (Wyo. 2016). This Court does not evaluate counsel in hindsight, but from the perspective available at the time. Mraz v. State , 2016 WY 85, ¶ 44, 378 P.3d 280, 291 (Wyo. 2016).
[¶11] Woods first asserts error with respect to the publication to the jury of the forensic interview conducted with D.O. Once D.O. informed law enforcement of the sexual conduct she had engaged in with Woods, she was taken to Safe Harbor, a children's justice center that conducts forensic interviews of children who are alleged victims of serious physical and sexual abuse, for a pretrial forensic interview, where she gave a videotaped statement in response to questions asked of her. Originally, neither the State nor defense counsel intended to play the taped video interview for the jury. However, at trial, both subsequently agreed that it was appropriate to play the...
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