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Vit v. State1/5/1996
The major issue in this case related to the constitutionality of the Wyoming stalking statute, WYO. STAT. § 6-2-506 (Supp. 1993). After the appeal was filed, the constitutionality of the Wyoming statute was resolved in Luplow v. State; Jennings v. Currier, 897 P.2d 463 (Wyo. 1995). The remaining issues address trial errors including the admission of statements made by Michael Lee Vit (Vit) to a psychologist; the admissibility of other statements made by Vit; error in excluding testimony relating to statements made by Vit to a neighbor explaining Vit's mood on a particular occasion; the absence of a certification of familiarity by a different judge; and limitations upon voir dire examination of the jury panel. We discern no reversible error in any of the contentions made by Vit, and the judgment of the trial court and the separately-entered sentence are affirmed.
In the Appellant's Brief, the issues presented for review are recited as:
1. Is Wyoming's Stalking Statute unconstitutionally vague and overbroad?
2. Did the trial court err by denying the defendant's first motion in limine concerning the relevancy of statements made by the defendant to a psychologist revealing thoughts of violence?
3. Did the trial court err by denying the defendant's first motion in limine having to do with the privileged status of communications made to a psychologist during counseling?
4. Did the trial court err by denying the defendant's second motion in limine concerning the relevance of Kimi Manor's testimony concerning the defendant's speculative statement that he may have killed Jeanie Vincent had he not "found the lord?"
5. Did the trial court err when it did not allow the testimony of the neighbor of the victim that while the stalking incidents were allegedly going on, he gave the defendant a ride home early in the morning, and the defendant was in a very good mood because as the defendant explained to the man, he had just spent the night with his girl friend, and he thought he could patch things up, and other similar proposed evidentiary errors?
6. Did the new court err in not certifying familiarity with the case upon taking over the trial?
7. With regard to voir dire, may a party poll each juror for his answer to questions asked of the panel?
8. Do the above errors of the trial court, singly or together warrant reversal?
In the Brief of Appellee, this statement of the issues appears:
I. Whether W.S. §§ 6-2-506 et. seq. is unconstitutionally vague or overbroad?
II. Whether the procedure followed during voir dire was proper?
III. Whether the trial court properly ruled on evidentiary issues?
In accordance with our usual approach, we view the evidence in the light most favorable to the State. As is frequently true in stalking cases, a personal relationship existed between Vit and the victim. They dated from the middle of 1991 until May of 1993 and, during part of that time, the victim rented a room in her home to Vit. In May, because Vit's "moods kept getting worse," the victim decided to terminate the relationship. Not long after, Vit moved out of the victim's home, but he did not take the termination of the relationship well. On September 14, 1993, around 11:00 p.m., Vit went to the victim's home and pounded on the door. She went to her bedroom window, opened it, and asked him to leave. Vit told her he was not leaving unless she let him in and talked to him. The victim then called 911 for assistance. During the phone call, Vit drove his car closer to her house yelling that he would drive right through her house if she
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