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Padilla v. State

Supreme Court of Wyoming
601 P.2d 189 (Wyo. 1979)


Facts

Padilla (defendant) was charged with sexual assault. On cross-examination of the victim, Padilla began asking the victim about her testimony in the preliminary hearing, specifically her testimony regarding whether she previously knew Padilla. The prosecution objected, arguing that a transcript of the hearing should be used. Padilla stated that a transcript did not exist. The trial court sustained the objection and Padilla made no further reference to the issue. The trial court convicted Padilla. Padilla appealed, arguing that the objection should not have been sustained because the question itself was enough to establish Padilla’s goal of impeaching the witness.

Rule of Law

Issue

Holding and Reasoning (Rooney, J.)

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