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BOYKIN v. STATE

No. 03-212.

105 P.3d 481 (2005)

2005 WY 15

Michael Joseph BOYKIN, Appellant (Defendant), v. The STATE of Wyoming, Appellee (Plaintiff).

Supreme Court of Wyoming.

February 9, 2005.

Attorney(s) appearing for the Case

Representing Appellant: Ken Koski, State Public Defender, PDP; Donna D. Domonkos, Appellate Counsel; and Ryan R. Roden, Senior Assistant Appellate Counsel.

Representing Appellee: Patrick J. Crank, Attorney General; Paul Rehurek, Deputy Attorney General; D. Michael Pauling, Senior Assistant Attorney General; and Sue Chatfield, Assistant Attorney General.

Before HILL, C.J., and GOLDEN, KITE, and VOIGT, JJ., and BRACKLEY, D.J.

KITE, Justice.

[¶ 1] After a jury trial, Michael Boykin was convicted of one count of assault and battery on a household member, a third offense felony under the Family Violence Protection Act (FVPA), Wyo. Stat. Ann. § 6-2-501(b) and (f)(ii) (LexisNexis 2003). He appeals, claiming the district court abused its discretion in admitting the testimony of two witnesses under the excited utterance and prior inconsistent...

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