Justia Wyoming Supreme Court Opinion Summaries

The Supreme Court affirmed the order of the district court granting the petition filed by the Wyoming Department of Family Services (DFS) to terminate Father's parental rights, holding that Father was not entitled to relief on his claims of error on appeal.On appeal, Father argued that he received ineffective assistance of counsel during the termination proceedings and that the district court erred in denying his motion to set aside the entry of default. The Supreme Court disagreed and affirmed, holding (1) because Wyo. Stat. 14-2-318(a) does not create a mandatory right to counsel, it does not create a statutory right to effective assistance of counsel in termination of parental rights cases; and (2) the district court did not abuse its discretion in denying Father's motions to set aside the entry of default. View "Roberts v. State, Dep't of Family Services" on Justia Law

The Supreme Court affirmed the judgment of the Division of Criminal Investigation (DCI) denying Applicant's application for a concealed firearm permit renewal, holding that DCI's denial of Applicant's concealed firearm permit application was not arbitrary, capricious, or otherwise not in accordance with the law.In denying Applicant's concealed firearm permit renewal application, DCI relied on recommendations and information from the Albany County Sheriff and City of Laramie Chief of Police, stating that it made its decision after "reach[ing] out to local law enforcement." The district court affirmed. The Supreme Court affirmed, holding (1) Applicant had a meaningful opportunity to rebut the evidence against him; and (2) DCI's decision was not arbitrary or capricious or otherwise not in accordance with the law. View "Lemus-Frausto v. State, ex rel. Division of Criminal Investigation" on Justia Law

The Supreme Court affirmed the judgment of the district court granting summary judgment to Defendant and dismissing Plaintiff's action alleging that Defendant was liable as his co-employee "for reckless, willful, wanton and/or reprehensible conduct" that led to him being run over with a concrete truck while working on a construction project, holding that there was no error.In granting summary judgment for Defendant, the district court concluded that Defendant was immune from liability because, under Wyoming law, Plaintiff's sole remedy was workers' compensation benefits. On appeal, Plaintiff argued that genuine issues of material fact existed as to whether Defendant lost statutory immunity because his actions were willful and wanton. The Supreme Court disagreed and affirmed, holding that the district court (1) erred by ruling that Defendant was not responsible for Plaintiff's safety and work conditions because he was not Plaintiff's supervisor; (2) did not err in ruling that Plaintiff did not present evidence showing that Defendant knew his actions presented a serious risk to Plaintiff or that it was highly probable harm would result if he disregarded the risk; and (3) did not err by ruling that there were no genuine issues of material fact as to whether Defendant acted willfully and wantonly. View "Lovato v. Case" on Justia Law

The Supreme Court reversed Defendant's conviction of aggravated assault and battery for shooting a man at a campground, holding that the district court erred when it refused to give Defendant's proposed "castle doctrine" instructions.Defendant was charged with aggravated assault and battery in violation of Wyo. Stat. 6-2-502. Defendant filed a motion to dismiss arguing that he had acted in self-defense and was immune from prosecution under the "castle doctrine." See Wyo. Stat. 6-2-602(f). The district court denied the motion to dismiss, and a jury convicted Defendant of aggravated assault and battery. On appeal, Defendant argued the district court erred when it refused to give his proposed castle doctrine instructions. The Supreme Court reversed, holding (1) Defendant presented competent evidence to create factual issues about whether his vehicle was adapted for overnight accommodation and fit within the definition of "habitation" and whether the victim was in the process of unlawfully and forcefully entering that habitation when he was shot; and (2) because the district court did not allow these factual questions be resolved by the jury, a new trial was required. View "Howitt v. State" on Justia Law

The Supreme Court reversed the order of district court granting summary judgment to Riverton Memorial Hospital, LLC and dismissing this complaint alleging that Hospital violated the now-repealed Wyoming Hospital Records and Information Act, Wyo. Stat. Ann. 35-2-605 to 35-2-617, holding that a genuine issue of material fact existed precluding summary judgment.In their complaint, Rebecca and Tyler Wiese claimed that the Hospital failed to provide them all "health care information" concerning Rebecca's labor and delivery, including information associated with her Centricity Perinatal electronic medical record, in violation of the Act. The district court granted summary judgment of the Hospital, concluding that the Hospital complied with the Act by informing the Wieses and that Centricity electronic record and audit trial did not exist and/or could not be found. The Supreme Court reversed, holding (1) audit trails were "health care information" under the Act; and (2) a genuine issue of material fact existed as to whether Hospital complied with the Act with respect to Rebecca's Centricity electronic record and audit trail. View "Wiese v. Riverton Memorial Hospital, LLC" on Justia Law

The Supreme Court affirmed the judgment of the district court confirming an arbitration award involving a breach of a lease agreement after ruling that the arbitrator's determinations were not manifest error and were within his authority, holding that the district court did not err in confirming the arbitration award.Mountain Business Center, LLC (MBC) won an arbitration award against Fork Road, LLC. On appeal, MBC made three arguments in support of his request that the Court reverse and vacate the arbitration award. The Supreme Court affirmed, holding (1) the arbitrator did not exceed his authority by determining all issues presented by the parties in their stipulated list; (2) the arbitrator's determination that MBC was not the prevailing party and therefore not entitled to attorney fees was not a manifest error of law; and (3) the arbitrator's determination the MBC was not entitled to the first-to-breach rule was not a manifest error of law. View "Mountain Business Center, LLC v. Ford Road, LLC" on Justia Law

The Supreme Court affirmed the order of the district court allowing Wife trial counsel to withdraw from representation several weeks prior to a divorce bench trial, holding that the district court did not abuse its discretion when it granted counsel's motion to withdraw without conditioning the withdrawal upon the substitution of other counsel by written appearance.On appeal, Wife argued that the district court abused its discretion under the circumstances because no "extraordinary circumstances" were cited, as required under Rule 102(c) of the Wyoming Uniform Rules for District Courts to allow her trial counsel to withdraw without first obtaining substitute counsel. The Supreme Court disagreed and affirmed, holding that the district court could reasonably conclude extraordinary circumstances existed to allow Wife's counsel to withdraw without requiring substitution of counsel. View "McGill v. McGill" on Justia Law

The Supreme Court affirmed the juvenile court's order changing the permanency plan for Mother and her two youngest children from family reunification to adoption, holding that the juvenile court did not abuse its discretion.On appeal, Mother argued that the juvenile court abused its discretion in determining that the Department of Family Services (DFS) made reasonable but ultimately unsuccessful efforts at reunification and that the permanency plan for the children should be changed to adoption. The Supreme Court disagreed and affirmed, holding that the record adequately supported the court's determination that DFS met its burden to prove its efforts at reunifying Mother with her two children were reasonable but unsuccessful. View "NP v. State" on Justia Law

The Supreme Court affirmed the order of the district court awarding Mother primary physical custody of the parties' daughter, CP, holding that the district court's findings were sufficient to support the court's order awarding Mother primary physical custody of CP.In 2017, Father filed his petition under Wyo. R. Crim. P. 52(a) to establish custody, visitation, and child support. In 2020, the district court entered an order requiring the parties to share physical custody of TP. On appeal, the Supreme Court reversed, ruling that the district court's Rule 52(a) findings were insufficient under the circumstances. On remand, the district court awarded Mother primary physical custody of TP. The Supreme Court affirmed, holding that the district court's order made findings of fact sufficient to meet the requirements of Rule 52(a). View "Pettengill v. Castellow" on Justia Law

The Supreme Court reversed the decision of the district court holding that three roadside services offered by Big Al's Towing and Recovery were taxable under Wyo. Stat. Ann. 37-15-103(a)(i)(J), holding that the Wyoming Board of Equalization correctly concluded that the roadside services were not taxable under the statute.At issue were Big Al's roadside services for jumping-starting a vehicle, unlocking a vehicle, and replacing a flat tire with a spare tire. The Wyoming Department of Revenue determined that Big Al's owed taxes and interest on the roadside assistance revenue it collected between 2016 to 2019. The Board reversed, concluding that the roadside services did not constitute a taxable event. The district court reversed, ruling that the services were taxable under section 39-15-103(a)(I)(J). The Supreme Court reversed, holding that the Board's decision that Big Al's roadside services were not taxable under the statute was in accordance with law. View "Big Al's Towing & Recovery v. State, Department of Revenue" on Justia Law