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MOORE v. STATE

No. S-13-0006.

313 P.3d 505 (2013)

2013 WY 146

Shelley MOORE, Appellant (Defendant), v. The STATE of Wyoming, Appellee (Plaintiff).

Supreme Court of Wyoming.

November 26, 2013.

Attorney(s) appearing for the Case

Representing Appellant: Office of the State Public Defender: Diane Lozano , State Public Defender; Tina N. Olson , Chief Appellate Counsel; Kirk A. Morgan , Senior Assistant Appellate Counsel. Argument by Mr. Morgan.

Representing Appellee: Gregory A. Phillips , Wyoming Attorney General; David L. Delicath , Deputy Attorney General; Theodore R. Racines , Senior Assistant Attorney General; Christyne Martens , Assistant Attorney General. Argument by Ms. Martens.

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

KITE, Chief Justice.

[¶ 1] Shelley Moore was convicted after a jury trial of felony possession of cocaine and misdemeanor possession of marijuana. At trial, he sought to introduce Chauncey Swain's out-of-court statements that the cocaine belonged to him. The district court excluded the statements because they were hearsay and did not meet the requirements for the "statement against interest" exception to the hearsay rule. On appeal, Mr. Moore claims the district...

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