Justia Wyoming Supreme Court Opinion Summaries

The Supreme Court reversed Defendant's convictions of one count of conspiracy to deliver a controlled substance and four counts of delivery of a controlled substance based on transactions with a confidential informant, holding the district court erred by refusing to instruct the jury on Defendant's entrapment theory of defense.At issue before the Supreme Court was whether the evidence created a fact issue on the questions of inducement and predisposition. The Supreme Court held (1) the evidence created a fact issue for the jury on the question of government inducement; (2) the evidence created a factual dispute concerning Defendant's predisposition to commit the crimes at issue; and (3) therefore, the defense of entrapment was in play and was a question on which the jury should have been instructed. View "Black v. State" on Justia Law

The Supreme Court affirmed the judgment of the district court awarding primary custody of the parties' children to Father and granting Mother visitation, holding that the district court did not abuse its discretion by prohibiting Mother from using alcohol during visitation.When the parties divorced, the district court awarded primary custody of the children to Mother and visitation to Father. The original decree incorporated an order prohibiting the parties from engaging in any excessive drinking or use of illegal substances. Father later filed a petition to modify custody to award him primary use of the children based on Mother's improper of alcohol and controlled substances. On remand, the district court awarded Father primary custody. The court then entered a written order granting Mother visitation and ordering Mother to refrain from using alcohol and to subject herself to chemical testing during the visitation periods. The Supreme Court affirmed, holding that the court did not abuse its discretion when it ordered Mother to refrain from using any alcohol during visitation with the children. View "Kidd v. Jacobsen" on Justia Law

The Supreme Court affirmed the decision of the district court granting summary judgment for Defendants, an attorney and her law firm, in Plaintiff's legal malpractice action, holding that the district court properly granted summary judgment to Defendants.Plaintiff hired the attorney to represent him in an administrative hearing regarding his termination from employment with the City of Cheyenne. Plaintiff was denied a hearing to contest his termination because the attorney failed timely to request the hearing on behalf of Plaintiff. The district court granted summary judgment for Defendants. The Supreme Court affirmed, holding (1) Defendants' expert's opinion satisfied their burden by demonstrating Plaintiff would not have been successful in his hearing; (2) Plaintiff did not meet his burden to demonstrate through expert testimony that the attorney's failure to timely file a request for a hearing caused his damages and created a genuine issue of material fact regarding causation; and (3) therefore, Plaintiff's expert could not opine on the likelihood of success had Plaintiff been given a hearing. View "Scranton v. Woodhouse" on Justia Law

The Supreme Court affirmed the decision of the court of appeals affirming Defendant's conviction of aggravated sexual assault and aggravated assault, holding that Defendant was not prejudiced by any alleged error in the jury instruction for rape and that the State had no duty under Brady v. Maryland, 373 U.S. 83 (1963), to conduct a forensic examination of the complainant's cell phone before trial.The court of appeals affirmed Defendant's convictions, holding that (1) the district court had not erroneously instructed the jury on the elements of rape, and (2) the State did not commit a Brady violation. The Supreme Court affirmed, holding (1) Defendant was not prejudiced by his counsel's failure to object to the jury instruction on the elements of rape, and, going forward, this Court endorses the use of Model Utah Jury Instruction 1605 for rape; and (2) the State did not violate Brady when it did not complete a forensic examination of the complainant's cell phone. View "State v. Newton" on Justia Law

The Supreme Court affirmed the judgment of the district court convicting Defendant of possession with intent to deliver a controlled substance, holding that the district court did not err in denying Defendant's motion to suppress.Defendant parked his car in a parking lot and was on his way into a bar when Officer Andy Lucus approached him and asked if they could talk. Defendant agreed. While they were talking, two other officers arrived at the scene. Officer Lucus asked if Defendant had proof of insurance. When Defendant could not locate his proof of insurance Officer Lucus wrote a "no insurance" citation. In the meantime, the other officers retrieved a K-9 named Lord to perform a free-air sniff of Defendant's vehicle. After Lord alerted to the smell of drugs Officer Lucus searched the vehicle and found methaphetamine. On appeal, Defendant conceded that his encounter with Officer Lucus began as consensual but asserted that the encounter changed to an unlawful investigatory detention when Officer Lucus requested proof of insurance. The Supreme Court affirmed without deciding the issue, holding that Lord's free-air sniff was lawful whether Defendant was free to leave or not. View "Kern v. State" on Justia Law

The Supreme Court affirmed Defendant's convictions for child abuse and lawful entry into an occupied structure, holding that Defendant waived his claim that the charge of unlawful entry did not state a criminal offense by pleading no contest to the charge.Defendant pleaded no contest to child abuse and unlawful entry after he entered the home where his estranged wife and teenage son were residing and hit the son with a wooden shovel handle. On appeal, Defendant argued that his unlawful entry must be overturned because it did not state a criminal offense. The Supreme Court affirmed, holding that Defendant waived his challenge to the unlawful entry count when he pleaded no contest to the charge. View "Dahl v. State" on Justia Law

The Supreme Court affirmed the judgment of the district court concluding that Tiphany L. Gayhart, trustee of the Tiphany L. Gayhart Living Trust, did not have an easement over Teala Drive, a private road in a subdivision, holding that the district court did not err in finding that Gayhart did not have a valid easement.Specifically, the Supreme Court held that the language of the easement and the declaration of covenants, conditions and restrictions for the subdivision demonstrated that the easement over Teala Drive was to benefit the subdivision, not property outside the subdivision. Because Gayhart's property lay outside the subdivision, the easement was not appurtenant to her property and could not be transferred apart from the subdivision. View "Gayhart v. Corsi" on Justia Law

The Supreme Court vacated the order of the district court holding Life Care Center of Casper in contempt when it failed to comply with an order compelling it to respond to a subpoena served on it in an action for appointment of a wrongful death representative, holding that the district court lacked jurisdiction to compel pre-suit discovery in the appointment proceeding.Plaintiff, the granddaughter of Betty June Cochran, filed a petition to be appointed Cochran's wrongful death representative after Cochran died allegedly after a fall at Life Care Center of Casper. The district court granted the petition. Thereafter, Plaintiff served life Care with a subpoena to compel discovery. Life Care provided only some of the subpoenaed documents. Plaintiff filed a motion to compel, and the district court granted the motion in part. Life Care filed a Wyo. R. Crim. P. 60(b)(6) motion requesting that the district court vacate its order compelling discovery. The district court denied the motion and found Life Care to be in civil contempt. The Supreme Court vacated the order, holding that the district court did not have jurisdiction under Wyo. Stat. Ann. 1-38-103 to compel pre-suit discovery because the sole purpose of a proceeding under section 1-38-103(b) is the appointment of a wrongful death representative. View "Life Care Center of Casper v. Barrett" on Justia Law

In this real property dispute, the Supreme Court dismissed Appellant's appeal from the district court's partial summary judgment order, holding that the district court abused its discretion when it certified its partial summary judgment order as a final judgment under Wyo. R. Civ. P. 54(b).After his long-term romantic partner died, Defendant provided notice that he was the surviving joint tenant with survivorship rights as to a home in Teton County. Plaintiff, the executor of the decedent's estate, filed a declaratory judgment that Appellant and the decedent were tenants in common and asserted claims for breach of contract or partition. The district court concluded that Defendant owned the property as the surviving joint tenant. Over Defendant's objection, the district court certified the partial summary judgment order as a final judgment and stayed the remaining claim for slander of title. Plaintiff appealed. The Supreme Court dismissed the appeal and declined to convert the appeal to a writ of review, holding that the district court abused its discretion in finding "no just reason for delay" and certifying its partial summary judgment order as a final judgment. View "CIBC National Trust Co. v. Dominick" on Justia Law

The Supreme Court affirmed in part and reversed in part the judgment of the district court increasing Father's child support obligation, denying Father's petition to modify custody, and refusing to modify visitation, holding that the district court abused its discretion in concluding that there was a material change of circumstances to reopen the child support order in this case and by refusing to modify visitation.Specifically, the Supreme Court held that the district court (1) abused its discretion by reopening the stipulated child support order without requiring Mother to show a change in circumstances regarding child support other than a twenty percent change in the presumptive support amount; (2) did not abuse its discretion by denying Father's request for primary custody of the children but did abuse its discretion by refusing to modify visitation; and (3) did not err by failing to explain its reasons for not following the guardian ad litem's recommendation regarding custody. View "Kimzey v. Kimzey" on Justia Law