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TORTOLITO v. STATE

No. 92-237.

885 P.2d 864 (1995)

Joseph Steven TORTOLITO, Appellant (Defendant), v. The STATE of Wyoming, Appellee (Plaintiff).

Supreme Court of Wyoming.

Rehearing Granted January 6, 1995.

Attorney(s) appearing for the Case

Wyoming Public Defender Program: Leonard D. Munker, State Public Defender; Deb Cornia, Appellate Counsel, Wyoming Public Defender Program; and Tim Newcomb of Grant & Newcomb, Cheyenne, for appellant.

Joseph B. Meyer, Atty. Gen.; Sylvia Lee Hackl, Deputy Atty. Gen.; Barbara L. Boyer, Sr. Asst. Atty. Gen.; Keith Burron, Asst. Atty. Gen.; and Theodore E. Lauer, Director, Prosecution Assistance Program, Patrick M. Plank, Student Intern, for appellee.

Before GOLDEN, C.J., and THOMAS, CARDINE, MACY, and TAYLOR, JJ.

THOMAS, Justice.

The most significant issue presented by Joseph Steven Tortolito (Tortolito) in this appeal is whether reversible error is to be found in comments upon Tortolito's failure to respond to questions by law enforcement officers. Tortolito presents a litany of other issues including assertions that the testimony of a police officer constituted impermissible vouching for the credibility of the complaining witness; the failure to instruct on a necessarily...

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