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BARNES v. STATE

No. S-10-0078.

249 P.3d 726 (2011)

2011 WY 62

Stephen Bernard BARNES, Appellant (Defendant), v. The STATE of Wyoming, Appellee (Plaintiff).

Supreme Court of Wyoming.

April 13, 2011.

Attorney(s) appearing for the Case

Representing Appellant: Diane Lozano , State Public Defender; Tina N. Olson , Appellate Counsel; and Kirk A. Morgan , Assistant Appellate Counsel. Argument by Mr. Morgan.

Representing Appellee: Bruce A. Salzburg , Wyoming Attorney General; Terry L. Armitage ; D. Michael Pauling , Senior Assistant Attorney General; Jessica Y. Frint , Student Director, Prosecution Assistance Program; and David R. Hopkinson , Student Intern. Argument by Mr. Hopkinson.

Before KITE, C.J., and GOLDEN, HILL, VOIGT, and BURKE, JJ.

HILL, Justice.

[¶ 1] Appellant, Stephen Bernard Barnes (Barnes), contends that his conviction for larceny should be reversed because the prosecuting attorney committed misconduct by questioning witnesses using a technique wherein the prosecutor repeatedly asked Barnes if the witnesses against him were lying (or other similar words) when their testimony tended to contradict his. This tactic of the prosecutor persisted during closing argument. Barnes' attorney...

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