Justia Wyoming Supreme Court Opinion Summaries

The Supreme Court affirmed Defendant's conviction of aggravated assault and battery, holding that Defendant was not prejudiced by the admission of Wyo. R. Evid. 404(b) evidence without the required analysis under Gleason v. State, 57 P.3d 332 (Wyo. 2002).On appeal, Defendant argued that the district court abused its discretion by admitting evidence that Defendant had sexual intercourse with the complaining witness twice without her consent on the evening of the altercation. Specifically, Defendant argued that that the evidence was uncharged misconduct evidence subject to Rule 404(b) and that the trial court failed to conduct the required Gleason analysis before admitting the evidence. The Supreme Court held that Defendant was not prejudiced by admission of the sexual intercourse evidence and that there was no reasonable possibility the verdict would have been more favorable to Defendant had the sexual intercourse evidence been excluded. View "Vinson v. State" on Justia Law

The Supreme Court affirmed the decision of the Department of Workforce Services, Unemployment Insurance Commission denying Jesse Gerber unemployment benefits, holding that the Commission correctly determined that Gerber was not eligible for employment benefits.The Commission determined that Gerber had left work voluntarily without good cause and did not qualify for the "returning to approved training" exception in Wyo. Stat. Ann. 27-3-311(a)(i)(B). The Supreme Court affirmed, holding that Gerber did not meet the conditions of the statutory exception, and therefore, the Commission's decision denying Gerber unemployment benefits conformed with the law. View "Gerber v. State ex rel., Department of Workforce Services" on Justia Law

The Supreme Court affirmed Defendant's conviction of three counts of felony theft stemming from her use of two credit cards to purchase personal items and services, holding that sufficient evidence supported the convictions.Defendant, the chief operating officer and executive director of the Buffalo Chamber of Commerce, used two credit cards issued in the Chamber's name and approved to carry out the Chamber's business for personal purchases. A jury convicted Defendant of felony theft. On appeal, Defendant argued that her conduct was lawful because the Chamber authorized each personal purchase by voluntarily paying each credit card bill, and therefore, the evidence did not satisfy the statutory definition of "property." The Supreme Court affirmed, holding (1) the value of available credit on a credit card is intangible property subject to theft under Wyo. Stat. Ann. 6-3-402(a); and (2) sufficient evidence showed that Defendant exercised unauthorized control over the Chamber's property. View "Fox v. State" on Justia Law

The Supreme Court affirmed Defendant's conviction of one count of first degree sexual abuse of a minor, holding that the district court did not err in allowing the State to withdraw from its plea agreement with Defendant and that Defendant was not denied the right to testify in his own defense.Pursuant to a plea agreement, Defendant agreed to plead no contest to third degree sexual abuse of a minor. The State subsequently filed a motion to withdraw from the plea agreement. After a hearing, the district court granted the motion. After a jury trial, Defendant was found guilty of first degree sexual abuse of a minor. The Supreme Court affirmed, holding (1) because the State withdraw from its plea agreement before Defendant acted on his promise to change his plea and Defendant did not otherwise assert that he detrimentally relied on the agreement before the State withdraw from it, the agreement wasn't to an enforceable contract, and the district court did not err in granting the State's motion to withdraw from it; and (2) Defendant did not assert a cognizable claim that his right to testify was denied. View "Nelson v. State" on Justia Law

The Supreme Court affirmed the district court's order of restitution awarding restitution to three victims, including Jerry Goodman, a victim whose insurance paid for the property destroyed by Defendant, holding that the district court properly ordered restitution to Goodman.Defendant pleaded guilty to one count of felony theft. The district court sentenced Defendant to a term of imprisonment and ordered Defendant to pay restitution to three victims, including $16,998 to Goodman, whose truck and trailer Defendant stole. On appeal, Defendant argued that the district court could not order restitution to Goodman because Goodman's insurance company paid him for the vehicle's full value and took title to the truck. The Supreme Court affirmed, holding that because the record contained no evidence of a subrogation right, or the lack thereof, the district court properly required Defendant to pay restitution to Goodman. View "Hudson v. State" on Justia Law

The Supreme Court affirmed Defendant's conviction of strangulation of a household member and driving while under the influence, holding that the district court did not err in admitting a nurse's testimony under the hearsay exception for medical diagnosis and treatment and that the evidence was sufficient to support the conviction.On appeal, Defendant argued that the district court erred in admitting the testimony of a Sexual Assault Nurse Examiner (SANE nurse) under Wyo. R. Evid. 803(4) and that the evidence was insufficient to support his conviction for strangulation of a household member. The Supreme Court affirmed, holding (1) the district court did not abuse its discretion in admitting the SANE nurse's statement under Rule 803(4); and (2) there was sufficient evidence to support the jury's guilty verdict on strangulation of a household member. View "Morones v. State" on Justia Law

The Supreme Court reversed the district court's order denying Cheryl Tarter's motions to amend or set aside the default divorce decree entered against her, holding that the default decree was void for failure of service by publication.A process server unsuccessfully attempted to serve Cheryl with the divorce complaint filed by Charles Tarter. Charles subsequently filed an affidavit in support of service by publication and published legal notice in the local newspaper. Cheryl did not answer, and the district court clerk entered default. The court subsequently entered the default decree dividing the couple's property and debt. Later, Cheryl filed a motion to amend or set aside the default decree, claiming that good cause existed to set the default decree aside. Cheryl then filed an amended motion asserting the default decree was void because Charles had failed to comply with the service by publication requirements in Wyo. R. Civ. P. 4. The district court denied the motions. The Supreme Court reversed, holding that Charles failed to comply with Rule 4 in several respects, and these failings, individually and collectively, deprived the court of personal jurisdiction over Cheryl, rendering the default decree void. View "Tarter v. Tarter" on Justia Law

In this custody dispute, the Supreme Court affirmed the decision of the district court declining jurisdiction over the issue of child custody and ceding jurisdiction to a California court, the state where Mother and the child resided, holding that the district court did not err or abuse its discretion.After the parties divorced, Father filed a petition to modify custody of the parties' child, alleging that Mother's act of alienating him from the child was a material and substantial change in circumstances. The district court entered an order ceding jurisdiction over the petition to the applicable California court. The Supreme Court affirmed, holding (1) there was no abuse of discretion in the district court's child support calculation; (2) the district court acted within its authority in ordering Father to pay Mother's attorney fees for Father's contempt; (3) the district court did not err in granting Mother's motion to transfer jurisdiction over Father's petition to modify custody to a court in California; and (4) Mother was entitled to attorney fees and costs on appeal pursuant to Wyo. R. App. P. 10.05(b). View "Fleet v. Guyette" on Justia Law

In this personal injury action brought pursuant to the Workers' Compensation Act the Supreme Court affirmed in part and reversed in part the order of the district court granting summary judgment in favor of one of Plaintiff's co-employee supervisors, holding that genuine issues of material fact existed.Plaintiff was injured when his hand and arm became entangled in a pipe-straightening machine at his place of employment. Plaintiff sued his co-employee supervisors - Elvin Brown, Bill Wartenbee, and Bryce Mitchell - claiming they were not entitled to immunity from liability under the Act because they intentionally acted to cause physical harm or injury to Plaintiff. The district court granted summary judgment for Defendants. The Supreme Court reversed in part, holding (1) Brown and Wartenbee were entitled to judgment as a matter of law and were immune from liability for Plaintiff's injury; and (2) Plaintiff established genuine issues of material fact against Mitchell precluding summary judgment. The Court remanded the claim against Mitchell for trial. View "Ramirez v. Brown" on Justia Law

The Supreme Court affirmed the judgment of the district court granting Husband's motion seeking an order compelling Wife to sign a joint return for their 2013 federal income tax and pay half of the tax, holding that the district court did not abuse its discretion.In 2014, Wife and Husband divorced, In 2019, Husband filed his motion for an order requiring Wife to sign the joint return and half the tax. The district court ordered Wife to sign the 2013 joint tax return and ruled that the parties were each responsible for half of the tax and that Husband was responsible for the penalties and interest. The Supreme Court affirmed, holding (1) it was appropriate for the district court to order Wife to sign the joint return; and (2) the district court did not abuse its discretion by ordering Wife to pay half of the tax. View "Begley v. Begley" on Justia Law