Wyoming Supreme Court Upholds Murder Conviction in Lincoln County Child Abuse Case

The Wyoming Supreme Court has upheld the conviction of Cheri Lynn Marler, who was found guilty by a Lincoln County jury of first-degree murder and child abuse in the 2022 death of a five-year-old child left in her care.

In a ruling released this week, the state’s high court affirmed the district court’s decisions to admit Marler’s confession at trial and to proceed with a pretrial suppression hearing without her physical presence.

Background

According to court documents, Marler called 911 on November 25, 2022, reporting that the child had fallen down a staircase and was not breathing. First responders found the child unresponsive and covered in bruises. The child was airlifted to Primary Children’s Hospital in Utah, where she died the following morning.

Law enforcement questioned Marler for several hours that evening at the Kemmerer Police Department. During the interview, she was advised of her Miranda rights and told she was free to leave at any time. Late in the evening, Marler confessed to striking the child multiple times with kitchen utensils and her hands. She was not arrested that night but was taken into custody the following day after the child’s death.

A Lincoln County jury later convicted Marler of first-degree murder and child abuse. She was sentenced to life in prison without the possibility of parole, plus an additional five- to eight-year term.

Appeal Arguments

On appeal, Marler argued that her confession was involuntary and should have been suppressed because she was under the influence of prescription pain medication and because the police interrogation was coercive. She also contended that the district court erred by holding a suppression hearing without her present.

Her attorney told the district court at the time that Marler was hospitalized and unable to attend the hearing due to a possible medical emergency. The court proceeded after confirming her absence was not objected to by either side.

Court’s Findings

The Wyoming Supreme Court found that Marler’s confession was voluntary and that law enforcement did not use coercive tactics. The justices noted that she was informed of her rights, was not in custody, and appeared coherent and responsive during questioning.

The Court also concluded that, while Marler did not voluntarily waive her right to be present at the suppression hearing due to her hospitalization, her absence did not prejudice the outcome of the proceeding. Justices determined there was no reasonable probability that her presence would have changed the district court’s decision.

“The record supports the finding that Ms. Marler’s confession was the product of her free and deliberate choice,” the Court wrote.

Outcome

The Supreme Court affirmed both Marler’s conviction and sentence, leaving in place the Lincoln County District Court’s ruling that her statements to law enforcement were admissible at trial.