BEARTUSK v. STATE

No. 98-243.

6 P.3d 138 (2000)

Damian L. BEARTUSK, Appellant (Defendant), v. The STATE of Wyoming, Appellee (Plaintiff).

Supreme Court of Wyoming.

May 10, 2000.


Attorney(s) appearing for the Case

Representing Appellant: Sylvia Lee Hackl, State Public Defender; Donna Domonkos, Appellate Counsel; Diane Courselle, Director, Defender Aid Program; Matt Robinson, Student Intern; and Kyndra K. Miller, Student Intern. Argument by Ms. Miller.

Representing Appellee: Gay Woodhouse, Attorney General; Paul S. Rehurek, Deputy Attorney General; D. Michael Pauling, Senior Assistant Attorney General; Kimberly A. Baker, Senior Assistant Attorney General; Theodore E. Lauer, Director, Prosecution Assistance Program; Martina D. Miller, Student Intern; and Clay Mahaffey, Student Intern. Argument by Ms. Miller and Mr. Mahaffey.

Before LEHMAN, C.J., and THOMAS, MACY, GOLDEN, and HILL, JJ.


LEHMAN, Chief Justice.

Damian Beartusk appeals his conviction of sexual assault in the third degree. He argues that the jury selection process was unconstitutional, that the prosecutor tried the case during voir dire, that the State impermissibly commented upon his exercise of his constitutional right to remain silent, and that hearsay was improperly admitted at trial. Finding no reversible error, we affirm.

ISSUES

Appellant challenges...

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