Asch v. State – Case Brief Summary (Wyoming)

In Asch v. State, 2003 WY 18, 62 P. 3d 945 (Wyo. 2003), published February 6, 2003, the remand hearing established that only one juror observed the accused in leg restraints during a one-day trial. Id. at P56.

Although the Court held the trial court abused its discretion in allowing the accused to be shackled in the courtroom during his trial without first requiring the prosecution to justify that practice on the record, id. at P62, the Court also held the accused's trial counsel had provided ineffective assistance in failing to investigate adequately a primary defense; consequently, the Court reversed and remanded for a new trial. Id. at PP 65-66.

Because of that disposition, the Court did not undertake a harmless error analysis.