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The Supreme Court affirmed the decision of the district court denying Defendant’s motions to continue Defendant’s trial but remanded to the district court with instructions to correct the written sentence, holding that while Defendant’s sentence was not illegal, the written sentence was inconsistent with the district court’s oral sentence. After a trial, Defendant was convicted of one felony count of interference with a peace officer and one misdemeanor count of interference with a peace officer for resisting arrest. The court orally sentenced Defendant to seven to nine years on the felony count and to one year on the misdemeanor count. The court allowed credit for 408 days already served and specified that the credit applied to both sentences. The court did not specify whether the sentences were to be served concurrently or consecutively. The Supreme Court held (1) the district court did not abuse its discretion when it denied Defendant’s last two motions to continue his trial; and (2) because the written sentence did not indicate whether the two sentences were to be served concurrently or consecutively and allowed 408 days credit but did not specify that the credit applied to both sentences, remand was necessary to correct the written sentence. View "Palomo v. State" on Justia Law

Posted in: Criminal Law

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The Supreme Court affirmed the district court order denying the motion of Speedy Bail Bonds seeking to set aside the forfeiture of a $50,000 surety bond it posted on behalf of a defendant in a drug trafficking case, holding that the district court did not abuse its discretion. In affirming, the Supreme Court looked to whether the district court improperly relied on punitive motives for the forfeiture and examined the district court’s consideration of relevant matters such as any factors presented by the defendant which might mitigate his failure to appear at his arraignment. After examining the evidence, the Court held that the district court’s decision was reasonable based on the evidence. View "Speedy Bail Bonds v. Albany County, Wyoming" on Justia Law

Posted in: Criminal Law

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The Supreme Court affirmed the district court order denying the motion of Speedy Bail Bonds seeking to set aside the forfeiture of a $50,000 surety bond it posted on behalf of a defendant in a drug trafficking case, holding that the district court did not abuse its discretion. In affirming, the Supreme Court looked to whether the district court improperly relied on punitive motives for the forfeiture and examined the district court’s consideration of relevant matters such as any factors presented by the defendant which might mitigate his failure to appear at his arraignment. After examining the evidence, the Court held that the district court’s decision was reasonable based on the evidence. View "Speedy Bail Bonds v. Albany County, Wyoming" on Justia Law

Posted in: Criminal Law

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The Supreme Court affirmed in part and reversed and remanded in part the order of the district court granting Father’s petition to modify the parties’ divorce decree. The Court held that the district court (1) did not err in concluding that Father had established a material change in circumstances to reopen the visitation provision of the decree and then modifying the decree to extend Father’s summer visitation; (2) did not have the authority to modify the original decree’s provisions regarding medical payments; and (3) abused its discretion by allowing Father to claim the children as dependents for tax purposes every other year. View "Meehan-Greer v. Greer" on Justia Law

Posted in: Family Law

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The Supreme Court reversed the district court’s denial of Defendant’s motion to modify his original sentence after a new individualized sentencing hearing and remanded for a new individualized sentencing hearing. Defendant was seventeen years old when he and his friend robbed and murdered a hitchhiker. Defendant was sentenced to life imprisonment with a consecutive twenty-to-fifty-year sentence for aggravated robbery. Following the decisions in Miller v. Alabama, 567 U.S. 460 (2012), Montgomery v. Louisiana, __ U.S. __ (2016), and Bear Cloud v. State, 294 P.3d 36 (Wyo. 2013), and the Wyoming Legislature’s amendment to Wyo. Stat. Ann. 6-10-301(c), Defendant was granted parole from his life sentence and began serving his consecutive twenty-to-fifty-year sentence. Defendant received a new individualized sentencing hearing, after which the district court declined to modify Defendant’s original sentence. The Supreme Court reversed and remanded for an additional sentencing hearing because at the time of the hearing and the district court’s decision, the parties and the district court did not have the advantage of this Court’s rulings concerning the procedure, burdens, and potentially relevant evidence for a Miller determination contained within this opinion. View "Davis v. State" on Justia Law

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The Supreme Court affirmed the district court’s grant of summary judgment in favor of Bank in this quiet title action. Plaintiff filed suit seeking to quiet title to property he purchased at a tax sale. Bank, the mortgagee on the property and a defendant in the quiet title suit, alleged that Plaintiff’s tax deed was void. The district court granted summary judgment for Bank, concluding that the statutorily-required notice regarding redemption provided by Plaintiff to the property owner and to Bank was deficient and that the tax deed was void. The Supreme Court affirmed, holding (1) Bank had standing to challenge the validity of Plaintiff’s tax deed; (2) because Plaintiff failed to notify Bank of the redemption period, the tax deed was void; (3) the district court’s reference to a document not contained in the record was error, but it was not reversible error because that document was not relevant to the material facts in this case; (4) the doctrine of laches and unclean hands did not bar Bank’s arguments regarding the validity of the tax deed; and (5) Plaintiff’s statutory claims for reimbursement were not ripe for review. View "Montierth v. Deutsche Bank National Trust Co." on Justia Law

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The Supreme Court affirmed the district court’s denial of Mother’s motion to set aside the clerk of court’s entry of default against her after she did not respond to the petition of the Department of Family Services to terminate her parental rights within twenty days after service. In denying Mother’s motion, the district court found that Mother did not present good cause to set aside the entry of default. After a default evidentiary hearing, the district court terminated Mother’s parental rights. The Supreme Court affirmed, holding the district court did not abuse its discretion when it applied the three-factor test applied in civil actions to determine a motion to set aside the entry of default judgment and weighed the three factors to deny Mother’s motion to set aside the entry of default against her. View "Hurd v. State, Department of Family Services" on Justia Law

Posted in: Family Law

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Wyo. Stat. Ann. 27-14-605 does not bar a claimant from receiving temporary total disability benefits for a second compensable injury when he has not filed a claim for benefits on his original injury within four years. Six years after receiving workers’ compensation benefits for a workplace injury to his right knee, James Hall underwent another knee surgery that was approved by the Workers’ Compensation Division. The Division denied Hall’s application for temporary total disability (TTD) benefits, concluding that, under section 27-14-605(b), Hall was not entitled to TTD benefits related to the surgery after not seeking benefits on his original injury for over four years. The Office of Administrative Hearings (OAH), however, concluded that section 27-14-605 did not govern Hall’s claim because Hall suffered a second compensable injury that section 27-14-605 did not control and that Hall was entitled to TTD benefits as a matter of law. The district court affirmed. The Supreme Court affirmed, holding that Hall suffered a second compensable injury and was therefore entitled to TTD benefits pursuant to Wyo. Stat. Ann. 27-14-404(a). View "In re Worker's Compensation Claim of James A. Hall" on Justia Law

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The Supreme Court affirmed the district court’s grant of summary judgment in favor of Plaintiff in this declaratory judgment action against the Board of County Commissioners of Teton County challenging the Teton County Land Development Regulation prohibiting fractional ownership of campgrounds, holding that the regulation was unenforceable because it exceeded the County’s zoning authority. Specifically, the Court agreed with Plaintiff that the regulation prohibiting fractional ownership did not regulate the use of the land, only its ownership, and was, therefore, beyond the County’s zoning authority and unenforceable. View "Board of County Commissioners of Teton County, Wyoming v. Mackay Investments, LLC" on Justia Law

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The Supreme Court affirmed the decision of the district court affirming the decision in favor of Petitioner’s former attorneys (Respondent-law firm) by a panel of the Wyoming State Bar Committee for Resolution of Fee Disputes. The Court held (1) the panel’s conclusion that it was neither unreasonable nor abusive for Respondent to bill its time using minimum increments of fifteen minutes was supported by substantial evidence; and (2) substantial evidence supported the panel’s conclusion that Respondent exercised billing judgment and did not excessively bill Petitioner for substantive and necessary communication between firm members and employees about Petitioner's case. View "Manigault v. Daly & Sorenson, LLC" on Justia Law