Justia Wyoming Supreme Court Opinion Summaries

The Church of Jesus Christ of Latter-day Saints (Church) submitted a site plan and an application for a conditional use permit (CUP) to the City of Cody Planning, Zoning, and Adjustment Board (Board) for the construction of a temple. The Board approved the site plan and CUP application at a meeting on June 15, 2023. Preserve Our Cody Neighborhoods (POCN), an association of local landowners, opposed the construction and filed petitions for review in the district court challenging the Board's approvals.The district court determined that it lacked jurisdiction over POCN’s petitions because they were untimely. The court found that the Board had approved the site plan and CUP at the June 15, 2023 meeting, and any subsequent actions by the Board to reconsider or modify those approvals were unauthorized. POCN's petitions for review were filed more than 30 days after the June 15, 2023 meeting, making them untimely.The Wyoming Supreme Court reviewed the case and affirmed the district court's decision. The Court held that the Board's approval of the site plan and CUP at the June 15, 2023 meeting constituted final agency action, as it concluded the proceedings regarding the Church’s site plan and CUP application. The Court found that the Board did not have the authority to reconsider or modify its approvals at subsequent meetings. Therefore, POCN's petitions for review, filed in August 2023, were untimely, and the district court correctly determined it lacked jurisdiction to consider them. View "Preserve Our Cody Neighborhoods v. The Church of Jesus Christ of the Latter-Day Saints" on Justia Law

Sandra Malone (Grandmother) filed a lawsuit against Salvador Galvan (Father) seeking visitation rights with ALG, the child of her deceased daughter. Father and Mother had a child, ALG, in July 2022. They regularly attended family dinners with Mother’s family, including Grandmother. After Mother’s death in an ATV accident caused by Father, Grandmother accused Father of killing Mother and supported his criminal prosecution. Father, concerned about Grandmother’s negative impact on ALG, stopped attending family dinners and discontinued visits between ALG and Grandmother, although he maintained relationships with other family members.The District Court of Albany County held a trial and granted Grandmother visitation rights. The court found that Grandmother had a significant preexisting relationship with ALG and concluded that Father’s decision to discontinue visits with Grandmother was harmful to ALG. The court awarded Grandmother visitation despite acknowledging concerns about her animosity towards Father and the potential negative impact on ALG.The Supreme Court of Wyoming reviewed the case. The court held that the district court erred in its findings. It emphasized that Grandmother needed to prove by clear and convincing evidence that Father’s decision to restrict visitation was harmful to ALG. The court found that Grandmother did not present any evidence of harm, while Father’s expert testified that visitation with Grandmother could harm ALG due to the hostile relationship between Father and Grandmother. The Supreme Court concluded that the district court violated Father’s constitutional rights as a parent by granting Grandmother visitation without sufficient evidence of harm to ALG.The Supreme Court of Wyoming reversed the district court’s decision, holding that the lower court clearly erred in finding that Grandmother established harm by clear and convincing evidence. View "Galvan v. Malone" on Justia Law

Law enforcement traced the online distribution of child pornography to the defendant after receiving a tip from the National Center for Missing and Exploited Children. A search of his home led to the discovery of numerous video files containing child pornography, and the defendant admitted to both possessing and distributing such material for profit. He was charged with 20 counts of Sexual Exploitation of a Child, with some counts relating to files uploaded on a specific date and others to files found on his computer during the search.The defendant pled guilty to all charges in the District Court of Big Horn County. He was sentenced to concurrent prison terms for counts 1–14 and separate concurrent terms for counts 15–20, with the latter to run consecutively to the former. The defendant did not file a direct appeal. Later, he filed a motion under Wyoming Rule of Criminal Procedure 35(a) to correct what he argued was an illegal sentence, claiming that the multiple convictions and sentences violated double jeopardy protections because they arose from the same act. The district court denied the motion, finding the sentences appropriate based on the guilty pleas and the evidence of separate acts.The Supreme Court of Wyoming reviewed the case and held that the defendant’s double jeopardy claim was barred by res judicata because he could have raised it on direct appeal but did not, and he failed to show good cause for this omission. The court affirmed the district court’s denial of the motion to correct the sentence. However, the Supreme Court identified a discrepancy between the oral and written sentences and remanded the case to the district court solely to correct the written sentence so that it conforms to the oral pronouncement. View "Bernard v. The State of Wyoming" on Justia Law

Jackson Hole Hereford Ranch, LLC (JHHR) sought to partition real property it claimed to own as a tenant in common with Leeks Canyon Ranch, LLC (Leeks). Leeks counterclaimed, asserting sole ownership based on judicial estoppel, equitable estoppel, and adverse possession. The district court granted partial summary judgment to JHHR, dismissing Leeks’s judicial and equitable estoppel claims. After a bench trial, the court ruled against Leeks on the adverse possession claim. Leeks appealed both the summary judgment and the trial findings.The District Court of Teton County granted summary judgment to JHHR on Leeks’s judicial and equitable estoppel claims. The court found that Mr. Gill, representing JHHR, had forgotten about his 25% interest in the property during arbitration, negating the application of judicial estoppel. The court also found no evidence of willful misconduct or serious negligence by Mr. Gill, which is necessary for equitable estoppel. The court held that Mr. Gill’s statements during arbitration were not sufficient to establish estoppel.The Wyoming Supreme Court reviewed the case and affirmed the district court’s decisions. The Supreme Court agreed that judicial estoppel did not apply because Mr. Gill’s prior position was based on a mistake. The court also upheld the summary judgment on equitable estoppel, finding no evidence of willful misconduct or serious negligence by Mr. Gill. Regarding adverse possession, the Supreme Court found that Leeks failed to prove that its possession of the property was hostile to JHHR’s interest. The court noted that Leeks did not provide clear notice to JHHR that its ownership was in jeopardy, a requirement for adverse possession among cotenants. The Supreme Court affirmed the district court’s rulings in favor of JHHR. View "Leeks Canyon Ranch, LLC v. Jackson Hole Hereford Ranch, LLC" on Justia Law

David Herrera, Jr. pled guilty to aggravated robbery with a deadly weapon and was sentenced to five to eight years in prison by the district court, which recommended his placement in the Youthful Offender Transition Program (YOTP). Herrera filed a motion for sentence reduction upon nearing completion of the YOTP, asserting that the district court had promised to reduce his sentence if he successfully completed the program.The district court denied Herrera’s motion for sentence reduction without holding a hearing or providing an explanation. Herrera appealed, arguing that the district court abused its discretion and violated his constitutional rights by not honoring the promise made during sentencing.The Wyoming Supreme Court reviewed the case and found that the district court’s oral pronouncement at sentencing, which stated Herrera “will get a sentence reduction” if he completed the YOTP, constituted an express commitment. The court held that the district court abused its discretion by denying the motion for sentence reduction without justification, given the prior commitment. The Supreme Court reversed the district court’s decision and remanded the case for further sentencing proceedings consistent with its opinion. View "Herrera v. The State of Wyoming" on Justia Law

In July 2021, Ryan Schroeder was reported missing, leading to an investigation by the Casper Police Department. Schroeder's last known location was in Denver, and his cell phone records showed communication with Justin Marquez until June 26, 2021. Detectives interviewed Marquez, who admitted to being in Denver but denied picking up Schroeder. Another witness, Jeremiah Cox, last saw Schroeder getting into a maroon SUV with Marquez. Detectives obtained a warrant for Marquez's cell phone records and discovered he owned a maroon Hyundai SUV. A search of the vehicle revealed blood stains and a decomposition odor, leading to further investigation and the discovery of Schroeder's body.The District Court of Natrona County denied Marquez's motion to designate an expert witness after the deadline and two motions to suppress evidence. Marquez argued the search of his vehicle exceeded the warrant's scope and that the warrant contained misrepresentations and omissions. The court found the Hyundai was the intended subject of the warrant and denied the motions to suppress.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 denying the late expert witness designation, as Marquez's own conduct caused the delay. The court also found no violation of Marquez's right to compulsory process. Regarding the motions to suppress, the court concluded the search warrant and accompanying affidavits sufficiently described the Hyundai, and there was no reasonable probability of mistakenly searching another premise. The court also found no clear error in the district court's conclusion that Marquez failed to prove intentional or reckless misrepresentation or omission of material information in the affidavits. The Wyoming Supreme Court affirmed the district court's rulings and Marquez's conviction. View "Marquez v. The State of Wyoming" on Justia Law

Rick Holloway and John Hoskin entered into a Commercial Sales Agreement to purchase the UXU Resort Ranch from Hidden Creek Outfitters, LLC. The sale included a special use permit from the U.S.D.A. Forest Service, which required a bridge inspection and load test before transfer. Due to the inspection's delay, the parties postponed closing and placed $200,000 in escrow for bridge-related expenses. After inspections, Park County Title released the escrow funds to Hidden Creek without H&H's consent, despite unresolved bridge issues.The District Court of Park County found that Hidden Creek and H&H each breached the implied covenant of good faith and fair dealing, and Park County Title breached the escrow agreement by releasing funds without H&H's approval. However, the court determined H&H failed to prove actual damages with sufficient certainty, awarding only nominal damages. The court also denied attorney’s fees to all parties.The Supreme Court of Wyoming reviewed the case and affirmed the district court's findings. The court held that H&H did not prove actual damages because the inspections did not conclusively identify necessary or required repairs. The court also upheld the denial of attorney’s fees, finding no abuse of discretion, as both parties bore some fault in the litigation. The Supreme Court denied any attorney’s fees associated with the appeal. View "Holloway v. Hidden Creek Outfitters, LLC" on Justia Law

Samuel Tilden filed a complaint against his neighbor, Linda Jackson, seeking a declaration of an implied easement over Jackson’s property or, alternatively, the establishment of a private road under Wyoming Statute § 24-9-101. Tilden had sold a portion of his property to Jackson in 2010 but retained a 2.64-acre parcel (Subject Property) that included a steep hillside and a flat meadow along the Southfork of the Shoshone River. Tilden and his family had historically accessed the lower portion of the Subject Property via a two-track road on Jackson’s property. After moving out of a cabin he rented from Jackson, Tilden sought legal access to the lower portion of his property.The District Court of Park County granted summary judgment in favor of Jackson on Tilden’s claim to establish a private road, finding that Tilden’s property was not landlocked as it had access to a county road. Following a bench trial, the district court also denied Tilden’s claim for an implied easement, concluding that Tilden’s use of the contested easement was not apparent, obvious, and continuous at the time of severance, and that the easement was not necessary for the enjoyment of his property.The Wyoming Supreme Court reviewed the case and affirmed the district court’s decisions. The court held that the district court did not err in granting summary judgment on the private road claim because Tilden’s property had legally enforceable access to a public road, and the necessity for a private road was not established. Additionally, the court upheld the denial of the implied easement, agreeing with the district court’s findings that Tilden’s use of the proposed easement was not apparent, obvious, and continuous at the time of severance, and that the easement was not necessary for the enjoyment of his property. The court emphasized that implied easements should only be recognized when strictly necessary for the use and enjoyment of the dominant estate. View "Tilden v. Jackson" on Justia Law

Gabriel Lee Testerman was found guilty by a jury of one count of first-degree sexual assault. The case involved two victims, CB and CM. CB testified that after meeting Testerman at a bar and later going to his house, she became disoriented after drinking a beverage he made. She alleged that Testerman sexually assaulted her while she was incapacitated. CM, Testerman's former girlfriend, testified that he had previously forced her into non-consensual sexual acts, including using a spreader bar and engaging in anal sex while she was asleep.The District Court of Laramie County admitted evidence of prior bad acts under Wyoming Rule of Evidence 404(b) after a pretrial hearing. Testerman was charged with three counts of first-degree sexual assault, two related to CB and one to CM. The jury acquitted him of the charges related to CB but found him guilty of the charge related to CM. He was sentenced to ten to fifteen years in prison.On appeal to the Supreme Court of Wyoming, Testerman argued that the prosecutor committed misconduct by introducing unnoticed Rule 404(b) evidence and vouching for witnesses during closing arguments. The court reviewed the alleged unnoticed Rule 404(b) evidence and found that five instances were indeed unnoticed but concluded that Testerman was not materially prejudiced by their admission. The court also found that the prosecutor's comments during closing arguments did not constitute improper vouching.The Supreme Court of Wyoming affirmed the lower court's decision, holding that the district court did not abuse its discretion in admitting the evidence and that Testerman was not deprived of a fair trial due to prosecutorial misconduct or cumulative error. View "Testerman v. State" on Justia Law

Richard Hanson was a passenger in a vehicle stopped for missing license plates. During a consent search of the vehicle, law enforcement discovered a firearm and drug paraphernalia with residue inside a backpack. Hanson was charged with and convicted of being a felon knowingly in possession of a firearm and third offense possession of a controlled substance. On appeal, Hanson argued that the search of the vehicle was unlawful and that the district court erred in denying his motion to suppress the evidence collected from the backpack. He also contended that the district court abused its discretion by denying his motion to suppress evidence as a discovery sanction.The District Court of Lincoln County denied Hanson’s motion to suppress evidence, finding that the search was lawful and that Hanson’s consent to the search was voluntary. The court also denied Hanson’s second motion to suppress evidence disclosed by the State after the discovery deadline, concluding that the delay was not due to bad faith and that Hanson was not unduly prejudiced by the late disclosure. Hanson was subsequently found guilty on both counts and sentenced to imprisonment.The Supreme Court of Wyoming reviewed the case and affirmed the district court’s decisions. The court held that the traffic stop and subsequent search were lawful, as the officer’s questioning and request to search were reasonable under the circumstances. The court also found that Hanson’s consent to the search was voluntary, considering the totality of the circumstances. Additionally, the court determined that the district court did not abuse its discretion in denying Hanson’s motion to suppress the late-disclosed evidence, as the delay was not intentional and did not unduly prejudice Hanson. The Supreme Court of Wyoming affirmed the district court’s rulings and Hanson’s convictions. View "Hanson v. The State of Wyoming" on Justia Law