(DOWNLOAD) "Betzle V. State" by Supreme Court of Wyoming # eBook PDF Kindle ePub Free
eBook details
- Title: Betzle V. State
- Author : Supreme Court of Wyoming
- Release Date : January 01, 1993
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 66 KB
Description
The primary issue presented by this case is whether inadmissible hearsay testimony was received at the trial of Gary T. Betzle (Betzle) on charges of second degree sexual assault; third degree sexual assault; and indecent liberties. The accused denounced testimony consisted of reports by a professional counselor, trained in psychology, and a pediatrician of what the intellectually-handicapped minor victim had told them about Betzle's criminal acts. The question is of special importance in this case because, apart from Betzle's own admissions, this testimony is the essential evidence that any crimes occurred. Betzle attacks the voluntariness of his admissions, and he also argues that, even if his confession was voluntary, there was not sufficient evidence presented at the trial to furnish independent corroboration of any crime. Other issues are raised concerning the invasion of the province of the jury by the counselor and the pediatrician because they stated opinions as to Betzle's guilt and vouched for the credibility of the victim; abuse of discretion by the district court in imposing particularly severe sentences; and ineffective assistance of counsel. We hold the testimony attacked as hearsay properly was received in evidence at the trial; Betzle's confession was voluntary; there was sufficient evidence of a corpus delicti to justify introducing his confession into evidence, even apart from the hearsay testimony; the testimony of the counselor and the pediatrician did not invade the province of the jury; the sentences imposed did not constitute an abuse of the discretion of the trial court; and the record does not justify Betzle's claim of ineffective assistance of trial counsel. The judgment and sentence are affirmed.
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