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The Supreme Court affirmed Appellant’s conviction of one count of sexual assault in the first degree, holding that Appellant’s trial counsel did not provide ineffective assistance. The jury in this case concluded that Appellant committed sexual intrusion upon a non-consenting victim whom Appellant knew or had reason to believe was physically helpless. On appeal, Appellant argued that his trial counsel provided ineffective assistance by failing to object to inadmissible evidence, failing to adequately advance her theory of the case, and failing to suppress the statements made by Appellant when under investigative detention. The Supreme Court disagreed, holding that trial counsel was not ineffective in her representation of Appellant. View "Bruckner v. State" on Justia Law

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The Supreme Court affirmed Defendant’s felony conviction for one count of sexual exploitation of a child - possession of child pornography. On appeal, Defendant argued that the prosecutor committed misconduct in rebuttal closing argument by arguing a theory of the case not supported by the evidence. The Supreme Court disagreed, holding that the prosecutor did not commit misconduct where the prosecutor’s challenged statements were supported by and directly discerned from the victim’s testimony and the record gave no indication that the prosecutor intentionally misstated the evidence or argued an unreasonable inference from the victim’s testimony. View "King v. State" on Justia Law

Posted in: Criminal Law

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The Supreme Court affirmed the district court’s order requiring Defendant and her husband to be jointly and severally liable for the payment of $17,515 in restitution to Wyoming Medicaid for its expenditures on behalf of one of Defendant’s victims. Defendant pleaded guilty to one count of being an accessory to the second-degree sexual abuse of a minor and one count of third-degree sexual abuse of a second minor. The district court ordered that Defendant and her husband were jointly and severally liable for the requested amount of restitution. The Supreme Court affirmed, holding that the evidence contained in the presentence investigation report together with the victim impact statement made by the second victim’s mother at the sentencing hearing provided sufficient support for the district court’s award of $17,515 to Wyoming Medicaid. View "Smiley v. State" on Justia Law

Posted in: Criminal Law

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In this divorce proceeding, the Supreme Court overruled its precedent disfavoring shared custody. The district court issued a final decision granting Mother and Father shared legal and physical custody of their minor child until he enters kindergarten and granted primary physical custody to Father with visitation for Mother after that. On appeal, Mother argued that the district court abused its discretion in ordering shared custody in violation of the Supreme Court’s clear rule that shared custody arrangements are disfavored. See Buttle v. Buttle, 196 P.3d 174 (Wyo. 2008). The Supreme Court affirmed, holding that the district court’s custody decisions were not an abuse of discretion. View "Bruegman v. Bruegman" on Justia Law

Posted in: Family Law

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The Supreme Court affirmed Appellant’s conviction for delivery of a controlled substance, methamphetamine, holding that, even if the photographic identification procedure used by law enforcement during their investigation of the crime was impermissibly suggestive, it did not give rise to a very substantial likelihood of irreparable misidentification. During the proceedings below, Appellant challenged the photo identification in a motion in limine. The motion was denied. On appeal, Appellant argued that the photo identification procedure violated his due process rights. The Supreme Court disagreed, holding that the identification was sufficiently reliable to satisfy the demands of due process, and therefore, the district court did not err in admitting the identification. View "Majhanovich v. State" on Justia Law

Posted in: Criminal Law

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The Supreme Court affirmed the district court’s denial of Defendant’s motion to suppress evidence that led to Defendant’s conviction for marijuana possession. Corporal Bradley Halter stopped Defendant for a traffic violation. When Defendant attempted to walk away from the traffic stop, Corporal Halter handcuffed Defendant. Because Defendant smelled of marijuana and was impaired, Corporal conducted a search of Defendant’s person, which produced methamphetamine, and, after a subsequent search, marijuana and hashish. After the denial of his motion to suppress, Defendant entered a conditional plea to the possession of marijuana. The Supreme Court affirmed, holding that Corporal Halter’s seizure of the methpahetamine and subsequent search was supported by both the plain feel doctrine and by standard probable cause considerations. View "Maestas v. State" on Justia Law

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The Supreme Court affirmed the district court’s denial of Defendant’s motion to suppress evidence that led to Defendant’s conviction for marijuana possession. Corporal Bradley Halter stopped Defendant for a traffic violation. When Defendant attempted to walk away from the traffic stop, Corporal Halter handcuffed Defendant. Because Defendant smelled of marijuana and was impaired, Corporal conducted a search of Defendant’s person, which produced methamphetamine, and, after a subsequent search, marijuana and hashish. After the denial of his motion to suppress, Defendant entered a conditional plea to the possession of marijuana. The Supreme Court affirmed, holding that Corporal Halter’s seizure of the methpahetamine and subsequent search was supported by both the plain feel doctrine and by standard probable cause considerations. View "Maestas v. State" on Justia Law

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The Supreme Court affirmed the district court’s order denying Appellant’s motion to suppress the marijuana Trooper Aaron Kirlin discovered in Appellant’s possession during a traffic stop on Interstate 80. Appellant pleaded guilty to possession of marijuana, preserving his right to appeal the district court’s denial of his motion to suppress. On appeal, Appellant argued that Trooper Kirlin unlawfully detained him beyond the original purpose of the traffic stop in violation of his Fourth Amendment rights. The Supreme Court disagreed, holding that the district court did not err in determining that Trooper Kirlin’s extended contact with Appellant was a consensual encounter that did not violate the Fourth Amendment. View "Kennison v. State" on Justia Law

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The Supreme Court affirmed in part and reversed and remanded in part the decision of the district court granting summary judgment to Anethesiology Consultants of Cheyenne, LLC (ACC) on its breach of fiduciary duty claim and on Dr. Ronald Stevens’ defamation counterclaim. ACC filed suit against Dr. Stevens and Cassandra Rivers alleging nine causes of action. Dr. Stevens counterclaimed against the members of ACC, alleging several causes of action, including defamation. The district court granted summary judgment for ACC on its first three causes of action and granted summary judgment for the counterclaims defendants on all of Dr. Stevens’ counterclaims. On appeal, the Supreme Court held (1) summary judgment was improperly granted on the fiduciary duties claims; (2) summary judgment was properly granted on the defamation counterclaim; and (3) the trial court erred in excluding certain email evidence. View "Stevens v. Anesthesiology Consultants of Cheyenne, LLC" on Justia Law

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The Supreme Court affirmed the district court’s dismissal of Appellants’ complaint against a school district and school district employees (collectively, Appellees), holding that Appellees were immune from suit under the Wyoming Governmental Claims Act, Wyo. Stat. Ann. 1-39-101 through 1-39-121. Appellants filed this action alleging that the school district employees had committed various torts against them, that the school district was liable for the employees’ actions under the doctrine of respondeat superior, and that the school district had committed direct acts of negligence. The district court dismissed the case under Wyo. R. Civ. P. 12(b)(6). The Supreme Court affirmed, holding (1) Appellants did not properly allege that the school district employees acted outside the scope of their duties, and therefore, the district court did not err by dismissing Appellants’ claims against the employees; (2) this Court rejects Appellants’ request to recognize an exception to immunity for violation of school policy and/or criminal conduct; and (3) Appellants’ remaining argument was without merit. View "Whitham v. Feller" on Justia Law

Posted in: Personal Injury