Justia Wyoming Supreme Court Opinion Summaries

In this child neglect proceeding, the juvenile court found that it was in the child’s best interest to cease efforts to reunify him with Mother and to change the permanency plan to termination of parental rights and eventually adoption. The Supreme Court affirmed the juvenile court’s order, holding (1) while due process may require an evidentiary hearing when a permanency plan is changed from family reunification to termination of parental rights, Mother failed to establish plain error in the juvenile court’s failure to apply the Wyoming Rules of Evidence during the permanency hearing; and (2) sufficient evidence supported the juvenile court’s finding that to find that it was in the child’s best interests to change the permanency plan to adoption. View "In re GC" on Justia Law

Accelerated Receivable Solutions (ARS) filed a creditor’s claim against the Estate of Margaret A. Hauf (Estate). The Estate rejected ARS’s claim, filed the notice of rejection in district court, and mailed the rejection notice to ARS via certified mail. The mailed notice was returned to the Estate unclaimed. Approximately four months later, counsel for ARS learned that the postal service had erroneously stamped the the certified mailing unclaimed and returned it to the sender. ARS filed a complaint in district court objecting to the disallowance of its claim and seeking judgment on the claim. The district court dismissed the complaint as time barred. The Supreme Court affirmed, holding that the district court did not err in dismissing ARS’s complaint against the Estate where the Estate strictly complied with the statutory notice requirements in rejecting ARS’s claim and where ARS failed timely to file its complaint after receiving constitutionally adequate notice of the Estate’s rejection of ARS’s claim. View "Accelerated Receivable Solutions v. Hauf" on Justia Law

Defendant pleaded guilty to one count of second degree sexual abuse of a minor. The district court sentenced Defendant to five to ten years of incarceration but suspended the sentence and ordered him to serve six years on supervised probation. After Defendant was released on probation, the State petitioned to revoke Defendant’s probation, alleging several violations of the conditions of his probation. After a hearing, the district court revoked Defendant’s probation. The Supreme Court affirmed, holding that the district court (1) did not commit reversible error by failing to make an express finding that Defendant’s probation condition violations were willful; and (2) did not abuse its discretion by revoking Defendant’s probation. View "Miller v. State" on Justia Law

Sheridan Newspapers, Inc. filed a petition requesting release of minutes reflecting discussion by the Board of Trustees of Sheridan County School District #2 of a proposed multi-purpose recreational facility during executive sessions. In response, the Board asserted that the executive sessions were allowed under the Wyoming Public Meetings Act (WPMA), and the minutes were confidential. After reviewing the minutes in camera the district court entered an order granting summary judgment for the Board, concluding that all issues discussed by the Board during executive session were within the framework of what may be kept confidential pursuant to the WPMA. The Supreme Court reversed, holding that the minutes were so vague as to reveal virtually nothing about the Board’s discussions during executive sessions, and therefore, the minutes were not entitled to confidential treatment. Remanded. View "Sheridan Newspapers, Inc. v. Bd. of Trs." on Justia Law

Prior to giving birth to a child conceived with Father, Mother stopped communicating with Father. After learning about his child’s birth on Facebook, Father filed a petition to establish paternity, custody, visitation and child support. After a trial, the district court awarded Mother primary custody subject to Father’s visitation. Father appealed, arguing that the district court abused its discretion when it awarded primary custody of the child to Mother. The Supreme Court affirmed, holding that the district court did not abuse its discretion or commit reversible error in deciding to award primary custody to Mother. View "FFJ v. ST" on Justia Law

After a jury trial, Defendant was found guilty of three counts of delivery of cocaine. The Supreme Court reversed the conviction and remanded for a new trial, holding (1) the evidence was sufficient to support the conviction; (2) Defendant was not denied his right to confrontation when law enforcement officers testified about results of tests conducted by others; (3) the prosecutor did not commit misconduct; but (4) Defendant’s trial counsel rendered ineffective assistance by failing to object to improper testimony and argument, by failing to demand notice of Wyo. R. Crim. P. 404(b) evidence and enter an objection to the testimony, and by failing to request that audio tapes of controlled buys be played in their entirety, and Defendant was prejudiced by counsel’s deficient performance. View "Fennell v. State" on Justia Law

After a jury trial, Appellant was convicted of second-degree murder. On appeal, Appellant argued that the jury was not properly instructed on the element of malice under the Court’s decision in Wilkerson v. State, which was issued after Appellant’s conviction. The Supreme Court affirmed, holding that because Appellant failed to show a reasonable probability that he would have received a more favorable verdict had the jury been instructed in accordance with Wilkerson, Appellant did not show that the instructional error resulted in material prejudice to him, and therefore, there was no plain error in the jury instructions. View "Miller v. State" on Justia Law

Defendant entered a conditional plea to possession of marijuana with intent to deliver and possession of methamphetamine with intent to deliver. Defendant was sentenced to two consecutive sentences of seven to ten years and fourteen to eighteen years. The Supreme Court affirmed. After unsuccessfully seeking a sentence reduction, postconviction relief, and habeas relief, Defendant filed a motion to correct an illegal sentence, arguing that his sentences violated double jeopardy. The district court denied the motion on the basis of res judicata. The Supreme Court affirmed, holding that Defendant’s claims were barred by res judicata. View "Tucker v. State" on Justia Law

The State, by and through the State Treasurer of Wyoming and the State Retirement System (collectively, the State), filed this action against Appellees - rating agencies - alleging that the rating agencies were liable for hundreds of millions of dollars in investment losses on mortgage-backed securities during the 2007-2008 financial crisis. The district court granted the rating agencies’ motion to dismiss all claims against them for lack of personal jurisdiction, concluding that the rating agencies did not have sufficient contacts with Wyoming to rise to the level required by the due process clause. The Supreme Court affirmed, holding that the State failed to establish a prima facie case of personal jurisdiction over the rating agencies. View "State v. Moody’s Investors Serv., Inc." on Justia Law

When Mother and Father were divorced Mother was granted primary physical custody of the parties’ child. Mother later moved to Pennsylvania where she commenced proceedings seeking to terminate Father’s parental rights. Thereafter, Father asked the Wyoming court to enter orders to facilitate the exercise of his visitation rights. The district court in Sweetwater County declined to exercise jurisdiction under the Uniform Child Custody Jurisdiction and Enforcement Act, concluding that Pennsylvania was a more appropriate place for the parties to litigate all issues. Father did not appeal from the order declining jurisdiction but instead objected to the order. The court denied the objection. Father subsequently appealed from the order ruling on his objection. The Supreme Court dismissed the appeal, holding (1) Father’s objection was in substance a motion to reconsider the order declining to exercise jurisdiction, and such a motion does not toll the time for taking an appeal; and (2) the only notice of appeal Father filed was untimely. View "Waldron v. Waldron" on Justia Law