Admission of victim impact evidence. —

The Wyoming supreme court exercised its dis- cretion to overlook the government’s failure to argue the harmlessness of a capital sentencing error concerning the admission of some victim impact evidence and the prosecutor’s comments about such evidence, where (1) the sentencing- phase record was neither lengthy nor complex, (2) the harmlessness of the error was fairly certain, considering all the evidence presented, and (3) a reversal and remand would result in a protracted, costly, and ultimately futile (for the defendant) resentencing proceeding in the trial court. Moreover, under the United States Su- preme Court’s Chapman harmless-error stan- dard, which the Wyoming supreme court had adopted, and bearing in mind the particular concerns about such evidence and comments which the United States Supreme Court had identified in the Booth, Gathers, and Payne cases, the error in the case at hand was harm- less beyond a reasonable doubt. Harlow v. State, 2003 WY 47, 70 P.3d 179, 2003 Wyo. LEXIS 58 (Wyo. 2003), reh’g denied, 2003 Wyo. LEXIS 85 (Wyo. May 20, 2003), cert. denied, 540 U.S. 970, 124 S. Ct. 438, 157 L. Ed. 2d 317, 2003 U.S. LEXIS 7776 (U.S. 2003). Genetic test evidence. — Even if the dis- trict court erred in applying the current version of Wyo. Stat. Ann. § 14-2-109(e)(ii) rather than the version that was in effect in 1992 in exclud- ing the testimony of the father’s expert dis- puted two genetic tests determining that he was the child’s father, the error was harmless because the father’s proffered evidence was insufficient as a matter of law. As the labora- tory made clear, the first genetic test that determined that the father was not the child’s father was not simply a problem with the test itself, but rather that samples had been acci-