Pearson v. State

Appellant James Pearson was refused an eyewitness instruction that the State must prove his identity as the perpetrator beyond a reasonable doubt and the jurors’ deliberations should consciously consider both the capacity and opportunity of the prosecutor’s sole eyewitness to observe the perpetrator. The nature of the injustice is magnified by the character of the evidence of any guilt, the minimal proof provided and the progression of unfavorable trial events with which Pearson was faced.

I dissent because I believe the due process component of the Wyoming Constitution requires a Telfaire…