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PROFFIT v. STATE

No. S-07-0257.

193 P.3d 228 (2008)

2008 WY 114

Kent Alan PROFFIT, Sr., Appellant (Defendant), v. The STATE of Wyoming, Appellee (Plaintiff).

Supreme Court of Wyoming.

September 30, 2008.

Attorney(s) appearing for the Case

Representing Appellant: Diane M. Lozano, State Public Defender; Tina N. Kerin, Appellate Counsel. Argument by Ms. Kerin.

Representing Appellee: Bruce A. Salzburg, Wyoming Attorney General; Terry L. Armitage, Deputy Attorney General; D. Michael Pauling, Senior Assistant Attorney General; Graham M. Smith, Assistant Attorney General. Argument by Mr. Smith.

Before VOIGT, C.J., and GOLDEN, HILL, KITE, and BURKE, JJ.

VOIGT, Chief Justice.

[¶ 1] The appellant raises five issues in the appeal of his conviction on eight counts of third-degree sexual assault.1 Finding numerous prejudicial errors in the proceedings below, we reverse and remand for a new trial.

ISSUES

[¶ 2] 1. Did plain error occur when a State witness testified that the appellant refused to take a polygraph test and terminated the interview by asking for an attorney...

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