Justia Wyoming Supreme Court Opinion Summaries

Karl Gustke, the criminal defendant, was released on a $100,000 surety bond, for which his father, John Gustke, was jointly liable through a promissory note and indemnity agreement. Karl violated his bond conditions by consuming alcohol, removing his GPS ankle monitor, and absconding from the state. Consequently, the bond was forfeited. John Gustke petitioned to intervene in the forfeiture proceedings, seeking remission of the forfeited bond.Initially, the district court denied John's motion to intervene, but the Wyoming Supreme Court reversed this decision in a prior appeal (Gustke I), remanding the case for further proceedings. On remand, the district court allowed John to intervene and present evidence. After considering the evidence, the district court ordered $25,000 of the forfeited bond to be remitted to John, while upholding the forfeiture of the remaining $75,000. John appealed this decision.The Wyoming Supreme Court reviewed the district court's decision for an abuse of discretion. The court considered factors such as the willfulness of Karl's breach, the costs and inconvenience to the government, the participation of the surety in apprehending Karl, and any mitigating factors. The court found that Karl's willful violation of bond conditions and the resulting costs and delays justified a substantial forfeiture. The district court had considered mitigating factors, including Karl's mental health and John's efforts to locate him, but found these did not fully outweigh the need for forfeiture.The Wyoming Supreme Court affirmed the district court's decision, holding that the remission of $25,000 of the $100,000 bond was reasonable and supported by sufficient evidence, and that the district court did not abuse its discretion. View "Gustke v. State" on Justia Law

The State of Wyoming, Board of Land Commissioners (State Board), granted Temporary Use Permits (TUPs) to permittees for the use of state land in Teton County. The Teton County Board of County Commissioners (County Board) issued abatement notices to the permittees, asserting violations of county land use regulations. The State Board sought a declaration that it and its permittees were not subject to these regulations. The district court granted summary judgment in favor of the State Board, and the County Board appealed.The district court found that the State Board and its permittees were not subject to Teton County's land use and development regulations. The County Board argued that Wyoming statutes required compliance with local zoning laws for state lands under long-term leases and TUPs. The State Board countered that sovereign immunity protected it from such regulations and that the statutes did not apply to TUPs.The Wyoming Supreme Court reviewed the case de novo and affirmed the district court's decision. The court held that the State Board and its permittees operating under a TUP are not subject to county land use and development regulations. The court reasoned that while Wyoming statutes require compliance with local zoning laws for long-term leases of state lands, they do not impose the same requirement for TUPs. The court emphasized that the legislature's omission of TUPs from the statutory requirement for compliance with local zoning laws was intentional. Therefore, the County Board lacked the authority to enforce its land use regulations against the State Board and its permittees operating under a TUP. View "Teton County Board of County Commissioners v. State" on Justia Law

In May 2023, Officers Jacob Ondich and Mathew Lougee of the Casper Police Department arrested Daniel Charles Hemmer at his home and transported him to the Natrona County Detention Center (NCDC). Hemmer was charged with felony theft and entered a no-contest plea in December 2023. Subsequently, Hemmer filed a civil suit against the officers, the Casper Police Department, and NCDC, alleging unlawful entry, arrest without probable cause or a warrant, and a strip search at NCDC. He claimed the officers' actions constituted kidnapping and sought $12 million in damages.The Natrona County District Court dismissed Hemmer's complaint. The court found that Hemmer did not allege facts showing NCDC's involvement in his arrest or provide legal authority for his claims against the detention center. The court also dismissed the claims against the Casper Police Department due to a lack of specific allegations. The kidnapping claim against the officers was dismissed because Hemmer did not support it with legal authority. Additionally, the court concluded that Hemmer failed to submit a timely notice of claim under the Wyoming Governmental Claims Act.The Wyoming Supreme Court reviewed the case and summarily affirmed the district court's dismissal. The court noted that Hemmer's pro se brief did not comply with appellate rules, lacked a statement of issues, and failed to present cogent arguments supported by legal authority. The court emphasized that while pro se litigants are given some leniency, they must still reasonably comply with procedural rules. Consequently, the Supreme Court affirmed the lower court's decision to dismiss Hemmer's complaint. View "Hemmer v. City of Casper Police Department" on Justia Law

Michael and Mallory Nay, guardians of JDV, sought to terminate the parental rights of JDV’s natural father, Michael Session, alleging he had left JDV in their care without support or communication for over a year, except for a few incidental visits. The district court granted the Nays' petition and terminated Mr. Session’s parental rights under Wyo. Stat. Ann. § 14-2-309(a)(i). Mr. Session appealed the decision.The District Court of Carbon County initially granted the Nays guardianship of JDV in 2021, with Mr. Session’s consent, and ordered the Nays to facilitate monthly visitation between Mr. Session and JDV. In 2023, the Nays petitioned to terminate Mr. Session’s parental rights, citing his lack of support and minimal contact with JDV. The district court found that Mr. Session had not provided financial support or maintained meaningful communication with JDV, deeming his few visits as incidental.The Wyoming Supreme Court reviewed the case and affirmed the district court’s decision. The court held that judicial estoppel did not prevent the Nays and the guardian ad litem from arguing that terminating Mr. Session’s parental rights was in JDV’s best interests, despite their earlier stance during the guardianship proceedings. The court found that the Nays had fulfilled their obligation to facilitate visitation and that Mr. Session’s limited contacts with JDV were incidental and insufficient to prevent termination under Wyo. Stat. Ann. § 14-2-309(a)(i). The court also concluded that Mr. Session’s substantive due process rights were not violated, as the Nays had made reasonable efforts to facilitate visitation, and Mr. Session had failed to maintain a relationship with JDV. View "In the Matter of the Termination of Parental Rights To: Jdv, a Minor Child" on Justia Law

Between October 31, 2022, and February 9, 2023, several burglaries occurred in Sheridan County, Wyoming. Surveillance videos captured a suspect wearing a beanie, facemask, and hooded sweatshirt or silver puffer jacket, often holding a flashlight and leaving distinctive footprints. By mid-February 2023, the Sheridan County Sheriff’s office identified William Corey Holliday as a suspect. A search of his residence and vehicle revealed clothing and shoes matching those seen in the videos, and stolen items from the burglaries. Holliday was charged with 20 counts of burglary, later amended to 23 counts.The District Court of Sheridan County held a six-day trial beginning November 3, 2023. Approximately 50 witnesses testified. During the trial, the prosecutor referred to the person in the surveillance videos as “the Defendant” while questioning two witnesses. Defense counsel objected to one instance, and the court sustained the objection. The prosecutor later acknowledged the inadvertent use of the term and the court issued a curative instruction to the jury, emphasizing that the identity of the person in the videos was for the jury to decide. The jury found Holliday guilty of 15 counts and not guilty of 3 counts. He was sentenced to 5 to 10 years in prison for each count, to be served concurrently.The Supreme Court of Wyoming reviewed the case. Holliday argued that the prosecutor committed misconduct by vouching for the element of identity. The court held that while the prosecutor’s references were improper, they did not amount to prosecutorial misconduct. The court found that the overwhelming evidence against Holliday and the district court’s curative instructions mitigated any potential prejudice. The court affirmed Holliday’s convictions. View "Holliday v. The State of Wyoming" on Justia Law

A couple, married in 2001, had three children and lived in Cheyenne, Wyoming. The husband worked in his family's steel business and later managed his own company, while the wife initially stayed home with the children and later took over her father's consulting firm. They separated in October 2020, with the husband moving to Colorado and the wife staying in the marital home with the children. The wife filed for divorce in September 2021, and the husband counterclaimed. By May 2022, their eldest child turned 18, and by July 2022, their middle child began living with the husband.The District Court of Laramie County held a two-day bench trial in January 2024. The court granted the divorce, awarded shared legal custody of the children, and split physical custody. The husband was ordered to pay $67.79 in monthly child support. The court divided the marital property, valuing the husband's business interests and awarding the marital home to the wife, along with all associated debts. The husband was ordered to pay the wife $400,000 to achieve an equitable distribution of assets. The wife appealed, challenging the denial of retroactive child support and the valuation of the marital home.The Wyoming Supreme Court reviewed the case. It found no abuse of discretion by the district court in denying retroactive child support, noting that both parties had jointly provided for the children's needs during the separation. The court also upheld the district court's valuation of the marital home, affirming that the mortgage was accounted for in the property division. The Supreme Court affirmed the district court's decisions. View "Lewis v. Lewis" on Justia Law

Tirso Munguia pleaded guilty to involuntary manslaughter under a plea agreement where the State agreed to recommend an eight to twelve-year sentence. However, after Munguia violated his bond conditions by contacting the victim's family, the State argued for the maximum sentence, and the court imposed a fifteen to twenty-year sentence. Munguia appealed, claiming the court abused its discretion in revoking his bond and that the State violated the plea agreement.The District Court of Laramie County initially accepted Munguia's guilty plea and the plea agreement, which included a "cold plea" provision allowing the State to withdraw its sentencing recommendation if Munguia violated any bond conditions. After Munguia's bond was modified to prohibit contact with the victim's family, the State filed a petition to revoke his bond, alleging such contact. The district court found clear and convincing evidence of the bond violation and revoked his bond, placing him on house arrest. At sentencing, the State argued for the maximum sentence due to the bond violation, and the court sentenced Munguia to fifteen to twenty years.The Wyoming Supreme Court reviewed the case and affirmed the lower court's decisions. The court held that the district court did not abuse its discretion in finding that Munguia violated his bond conditions, as the evidence supported the conclusion that he knowingly contacted the victim's family. The court also held that the State did not breach the plea agreement by arguing for a harsher sentence after the bond violation, as the "cold plea" provision explicitly allowed for this. The court found no error in the district court's decisions and affirmed the sentence. View "Munguia v. The State of Wyoming" on Justia Law

Brandon Serini was arrested by Officer Nathaniel Lucero of the Cheyenne Police Department after it was confirmed that Serini had an outstanding warrant for his arrest. At the time of his arrest, Serini was in possession of a backpack, which was seized by the officers. The backpack was later searched at the police department, where methamphetamine was found. Serini was charged with felony possession of methamphetamine and filed a motion to suppress the evidence obtained from the search of his backpack, arguing that the search was unreasonable and violated the Fourth Amendment.The District Court of Laramie County denied Serini's motion to suppress, finding that the officers acted in good faith and in accordance with the Cheyenne Police Department’s standardized policy when they seized and conducted an inventory search of the backpack. The court held that the seizure and search were permissible under the community caretaker function and the inventory search exception to the warrant requirement.The Wyoming Supreme Court reviewed the case and affirmed the district court’s decision. The court held that the seizure and search of Serini’s backpack were reasonable and did not violate the Fourth Amendment. The court found that the officers did not act in bad faith or with a pretextual purpose to investigate further. Instead, they followed standardized procedures to safeguard Serini’s property, especially considering his homeless status. The court concluded that the inventory search was conducted in accordance with the police department’s policy and was a valid exception to the warrant requirement. The decision of the district court to deny the motion to suppress was affirmed. View "Serini v. The State of Wyoming" on Justia Law

Katrina Danforth appealed the termination of her parental rights to her child, SLD. The case began when Ryan Hansen, the child's father, filed a petition to terminate Danforth's parental rights, citing her felony conviction for a murder-for-hire plot against him. Danforth counterclaimed, seeking to terminate Hansen's parental rights, and requested the appointment of a guardian ad litem (GAL) for SLD. The Department of Family Services conducted a social study, which Danforth argued was inadequate because it did not include her input.The District Court of Sheridan County held a bench trial and terminated Danforth's parental rights. The court found that Hansen adequately represented SLD's interests and that a GAL was unnecessary. Danforth's counterclaim was dismissed without a separate evidentiary hearing, as she did not present evidence to support it during the trial. Danforth appealed, arguing that the social study was prejudicial, the denial of a GAL was erroneous, her counterclaim should not have been dismissed without a hearing, and that the termination of her parental rights unjustly extended her punishment for her past crime.The Wyoming Supreme Court reviewed the case and affirmed the lower court's decisions. The court found that the social study complied with statutory requirements and did not prejudice Danforth, as she had the opportunity to testify about her situation. The court also held that the district court did not err in finding a GAL unnecessary, as Hansen adequately represented SLD's interests. The dismissal of Danforth's counterclaim without a separate hearing was upheld because she failed to prosecute it during the trial. Finally, the court concluded that the termination of Danforth's parental rights was based on statutory grounds and SLD's best interests, not as an extension of her criminal punishment. View "In re Termination of Parental Rights To SLD v. Hansen" on Justia Law

A personal representative of a deceased resident's estate filed a complaint against a hospital district and its associated rehabilitation center, alleging negligence and vicarious liability for injuries suffered by the resident due to physical abuse by a temporary certified nursing assistant (CNA). The hospital district denied liability, claiming the CNA was an independent contractor. After a six-day trial, the jury found the CNA was an agent of the hospital district, and her negligence was a proximate cause of the resident's damages. The jury apportioned fault between the CNA and the hospital district, awarding $660,000 in damages to the estate.The district court reduced the damages by the percentage of fault attributed to the CNA, leading to an appeal by the personal representative, who argued the reduction was contrary to Wyoming law and inconsistent with the jury's verdict. The hospital district cross-appealed, asserting the district court should not have allowed the jury to consider whether the CNA was an agent and should have granted its motion for judgment as a matter of law.The Wyoming Supreme Court reviewed the case and found the district court did not err in denying the hospital district's motion for judgment as a matter of law. The court held there was sufficient evidence for a reasonable jury to find in favor of the personal representative on both direct and vicarious liability claims. The court also found the jury instructions adequately informed the jury of the applicable law and did not cause confusion.However, the Supreme Court determined the district court erred in reducing the damages. The jury found the CNA's conduct was negligent and that she was an agent of the hospital district, making the hospital district vicariously liable for her actions. The court reversed the judgment and remanded the case with instructions to enter a judgment for the full $660,000 in favor of the estate. View "Campbell County Hospital District v. Elsner" on Justia Law