Moe v. State

VOIGT, Justice,

dissenting, with which STEBNER, District Judge, Retired, joins.

[¶ 27] I dissent because I continue to believe that Wyo. Stat. Ann. § 14-3-105(a) (LexisNexis 2003) is unconstitutional, for the reasons set forth in Giles v. State, 2004 WY 101, ¶¶ 49-59, 96 P.3d 1027, 1043-46 (Wyo.2004) (Voigt, J., specially concurring). Furthermore, especially because of the vaporous nature of “indecent liberties” as a crime, I believe it constituted misconduct for the prosecutor to the tell the jury that “[everyone agrees that it was an indecent liberty.”