Justia Wyoming Supreme Court Opinion Summaries

Rickey Dean Keefe was sentenced to three to six years in prison in 2020 for possession of methamphetamine with intent to deliver. While on parole in 2022, he was arrested and pled guilty to two new felony drug charges. In 2023, the district court sentenced him to seven to ten years in prison for the 2022 convictions but did not specify if the sentence would run consecutively or concurrently with the 2020 sentence. The Wyoming Board of Parole revoked his parole and treated the 2023 sentence as consecutive. Keefe filed a motion to correct the allegedly illegal sentence, which the district court denied.The District Court of Campbell County initially sentenced Keefe to five to seven years in prison in 2016, suspended in favor of probation. After multiple probation violations, the court imposed the 2020 sentence. In 2022, Keefe was arrested again and pled guilty to new charges. The district court merged the two counts for sentencing and imposed a single sentence of seven to ten years in 2023. Keefe's motion to correct the sentence argued that the sentences should run concurrently, but the district court denied the motion, citing precedent that sentences are presumed consecutive when the court is silent on the matter.The Wyoming Supreme Court reviewed the case and affirmed the district court's decision. The court held that the district court did not abuse its discretion in denying Keefe’s motion. The court clarified that under Wyoming law, a sentence is presumed to be consecutive when the sentencing court is silent on whether it is concurrent or consecutive. The district court's subsequent order confirmed that the sentences should run consecutively. The court also rejected Keefe's argument that the State should be bound by its incorrect statement that sentences are presumed concurrent, noting that courts are not bound by parties’ admissions of law.The Wyoming Supreme Court affirmed the district court's decision, holding that Keefe's sentence was not illegal. View "Keefe v. The State of Wyoming" on Justia Law

Darren J. Gray suffered a heart attack while working on a road construction project and applied for workers' compensation benefits. The Wyoming Workers’ Safety and Compensation Division denied his request. After a contested case hearing, the Office of Administrative Hearings also denied the request, and the district court affirmed that decision. Mr. Gray appealed, arguing that his work exertion was unusual or abnormal under Wyoming law.The Office of Administrative Hearings found that Mr. Gray did not meet his burden of proof under Wyo. Stat. Ann. § 27-14-603(b)(ii) to show that his work exertion was unusual or abnormal for his employment. The Hearing Examiner determined that the tasks Mr. Gray performed on the day of his heart attack, including lifting and slamming metal pipes, were consistent with the job duties of similarly-situated employees. The district court affirmed this decision, agreeing that Mr. Gray's exertion was not clearly unusual or abnormal for his type of employment.The Wyoming Supreme Court reviewed the case and affirmed the lower court's decision. The court held that the Hearing Examiner's conclusion was supported by substantial evidence, including job descriptions and testimony from Mr. Gray's supervisor. The court found that the tasks Mr. Gray performed were within the normal scope of his employment duties. The court also noted that the independent medical examiner's testimony did not establish that the exertion was unusual. Therefore, the court concluded that Mr. Gray did not meet the statutory requirements for workers' compensation benefits for his heart attack. View "Gray v. State, Ex Rel. Department of Workforce Services, Workers' Compensation Division" on Justia Law

In 2014, a woman and her two children from a previous relationship moved in with a man. They had a child together in 2018 and married in 2019. The man ran a trucking business, and the woman assisted with bookkeeping. She also worked briefly at a mental health facility and later as a secretary at a hospital. The couple separated in March 2022, and the woman filed for divorce shortly thereafter.The District Court of Weston County entered a stipulated decree of divorce in January 2023, settling child custody, visitation, and child support. However, the division of marital property was disputed. A bench trial was held in April, and the court issued its final order in November, dividing the marital property. The court considered the equitable value of the marital home, rental property, livestock, personal vehicles, personal property, and debts. The man was assigned the marital home, while the woman received her retirement funds and an equalization payment from the man.The man appealed to the Supreme Court of Wyoming, arguing that the district court abused its discretion in dividing the marital property. He contended that the court failed to allocate a portion of an IRS debt to the woman and improperly valued his trucking business. The Supreme Court reviewed the district court’s findings for an abuse of discretion and found no clear error. The court noted that the district court had appropriately considered the statutory factors under Wyo. Stat. Ann. § 20-2-114(a) and had made a just and equitable division of the property.The Supreme Court of Wyoming affirmed the district court’s decision, concluding that the property division was not so unfair and inequitable that reasonable people could not abide by it. The court also found that the district court had reasonably considered each of the statutory factors and that its ruling did not shock the conscience. View "Regan v. Regan" on Justia Law

Megan Vassilopoulos (Mother) and Kyle Vassilopoulos (Father) were granted a divorce by the District Court of Fremont County. The court awarded Father primary physical custody and decision-making authority over their minor child, LJV, and deviated the presumptive child support amount to zero. The court also divided the marital property, awarding Mother the marital home and other assets, while Father retained his businesses and other personal property. Mother appealed the custody, child support, and property division decisions.The District Court of Fremont County initially issued a temporary custody order, granting Mother primary physical custody and Father visitation rights. After a three-day bench trial, the court awarded joint legal custody, with Father having primary physical custody and decision-making authority. The court also deviated the presumptive child support amount to zero, citing the number of days LJV was with Mother and her provision of health insurance. In a subsequent two-day bench trial, the court divided the marital property, awarding Mother the marital home and other assets, while Father retained his businesses and other personal property.The Supreme Court of Wyoming reviewed the case. It affirmed the district court’s custody and property division orders, finding no abuse of discretion. The court held that the district court adequately considered the child’s best interests and the statutory factors for property division. However, the Supreme Court found that the district court abused its discretion by deviating from the presumptive child support amount without fully explaining its reasons. The court reversed and remanded the child support order for further findings based on the evidence in the record. View "Vassilopoulos v. Vassilopoulos" on Justia Law

In two separate cases, employees Terry J. Leal and Dustin Kopp sought workers' compensation benefits for injuries they claimed were work-related. Ms. Leal's claim involved a right shoulder injury, while Mr. Kopp's claim involved an abdominal hernia. Both claims were initially denied by the Wyoming Department of Workforce Services, Workers’ Compensation Division, which concluded that the injuries were not caused by their work activities. The employees contested these decisions, leading to hearings before the Office of Administrative Hearings (OAH).In both cases, the OAH appointed attorneys to represent the employees. These attorneys hired medical experts to testify on the causation of the injuries. Ms. Leal's attorney hired Dr. Gregory Reichhardt, and Mr. Kopp's attorney hired Dr. Douglas Adler. The OAH found in favor of the employees, awarding them workers' compensation benefits. However, when the attorneys sought reimbursement for the medical expert fees, the OAH denied these requests, citing a lack of statutory authority under the Wyoming Worker’s Compensation Act to order such reimbursements.The employees appealed to the District Court of Laramie County, which certified the cases to the Wyoming Supreme Court. The Wyoming Supreme Court reviewed whether the OAH had the authority to order reimbursement of medical expert fees. The Court concluded that the OAH does have such authority. It reasoned that the Wyoming Worker’s Compensation Act, when read as a whole, provides for the payment of costs, including expert witness fees, to ensure the quick and efficient delivery of benefits to injured workers at a reasonable cost to employers. The Court found that the OAH's decision to deny reimbursement was not in accordance with the law and reversed the OAH's decision. View "Leal v. State of Wyoming, ex rel. Department of Workforce Services" on Justia Law

Anne G. McNair experienced a perforated esophagus and infection following cervical fusion surgery performed by Dr. Joshua D. Beck at North Lincoln County Hospital District, d/b/a Star Valley Health. Dr. Beck, employed by Orthopaedics of Jackson Hole, P.C., d/b/a Teton Orthopaedics, continued to treat her post-surgery. McNair filed a complaint against Dr. Beck, Teton, and Star Valley, alleging medical malpractice, negligence, and vicarious liability. The district court dismissed her complaint, citing the statute of limitations, and denied her motion to amend the complaint, deeming it futile.The District Court of Lincoln County granted the defendants' motions to dismiss, concluding that McNair's claims were filed beyond the two-year statute of limitations for medical malpractice actions. The court determined that the continuous treatment rule did not apply, as McNair's injury stemmed from a single act of negligence during the surgery on December 30, 2020. Consequently, the court found that the statute of limitations began on December 31, 2020, the date McNair was discharged from the hospital, making her April 2023 filings untimely. The court also denied McNair's motion to amend her complaint, asserting that any amendment would be futile.The Supreme Court of Wyoming reviewed the case and found that the district court erred in its application of the continuous treatment rule. The Supreme Court held that the continuous treatment rule applies when a medical provider has provided ongoing care for the same or related complaints. The court noted that McNair's complaint alleged continuous treatment by Dr. Beck and Teton into early 2021, which could extend the statute of limitations. The court also found that the district court abused its discretion in denying McNair's motion to amend her complaint, as the proposed amendments did not show on their face that the claims were untimely. The Supreme Court reversed the district court's decision and remanded the case for further proceedings. View "McNair v. Beck" on Justia Law

Amy Romero was arrested for driving while under the influence of alcohol (DWUI) after being found stuck in a snowbank. Officer George Phillips of the Rawlins Police Department noticed the vehicle and, upon investigation, detected a strong odor of alcohol from Ms. Romero. During the interaction, Ms. Romero admitted to driving the vehicle and exhibited signs of intoxication. Officer Phillips placed her in the back of his patrol car to deescalate a potentially violent situation with her husband, Joseph Romero, who was also present and behaving aggressively.The Office of Administrative Hearings (OAH) upheld the suspension of Ms. Romero’s driver’s license, concluding that Officer Phillips had reasonable suspicion to detain her for a DWUI investigation. The OAH found that the officer’s actions, including placing Ms. Romero in the patrol car and transporting her to a dry environment for field sobriety tests, were justified based on the totality of the circumstances, including the strong odor of alcohol, her admission of driving, and the need to manage her husband’s aggressive behavior.The Wyoming Supreme Court reviewed the case and affirmed the OAH’s decision. The Court held that Officer Phillips’ detention of Ms. Romero in the back of the patrol car did not constitute an unlawful arrest but was a reasonable investigative detention supported by substantial evidence. The Court found that the officer’s actions were necessary to ensure safety and were within the scope of a lawful investigative detention. The Court concluded that the OAH’s findings were supported by substantial evidence and that the detention was in accordance with constitutional protections. The decision to uphold the suspension of Ms. Romero’s driver’s license was affirmed. View "Romero v. State of Wyoming Ex Rel., Wyoming Department of Transportation" on Justia Law

Bradley M. Schofield (Husband) and Debbie S. Schofield (Wife) were married in 1979 and separated in May 2016. In June 2021, Wife filed for divorce, and in September 2022, the district court entered a stipulated decree of divorce, which included a property distribution spreadsheet. The spreadsheet did not specify individual asset values but provided a total value for each party's distribution. Husband later filed a motion to enforce the decree, claiming Wife had not transferred an account valued at $185,300. Wife countered that the account had been transferred to Husband in 2016. The district court denied Husband's motion, finding he failed to prove the account had not been transferred.Husband did not appeal this decision but instead filed a W.R.C.P. 60(b) motion, claiming mutual mistake regarding the account's value in the decree. He argued that both parties misunderstood the $185,300 value. The district court denied this motion, ruling it was barred by res judicata, untimely, and not supported by evidence of mutual mistake.The Wyoming Supreme Court reviewed the case and affirmed the district court's decision. The court held that Husband's claim of mutual mistake was actually a dispute over the interpretation of the decree, not a mutual mistake of fact. The court found no abuse of discretion in the district court's denial of the Rule 60(b) motion. Additionally, the court awarded Wife costs and attorney fees for defending the appeal, as allowed under Wyo. Stat. Ann. § 20-2-111. View "Schofield v. Schofield" on Justia Law

A father, involved in a custody dispute in Montana, subpoenaed his child's therapy records from a therapist in Wyoming. The therapist filed a motion to quash the subpoena, arguing that the records were privileged and confidential under Wyoming law and HIPAA, and that disclosing them would not be in the child's best interests. The district court in Park County partially granted the motion, allowing the father access to some records but withholding treatment notes, interviews, and process notes, citing the child's best interests.The district court's decision was based on the belief that protecting the child's best interests justified withholding certain records. However, Wyoming law does not recognize a child's best interests as a valid reason to deny a parent access to their child's therapy records if the parent has waived the privilege. The court did not provide any statutory or procedural basis for its decision, relying instead on a New Hampshire case, In re Berg, which is not binding in Wyoming and involved different legal standards.The Wyoming Supreme Court reviewed the case and found that the district court abused its discretion. The court held that Wyoming law, specifically W.R.C.P. 45 and Wyo. Stat. Ann. § 33-38-113, does not allow a court to quash a subpoena based on a child's best interests once the privilege has been waived by a parent. The court also clarified that HIPAA does not create a privilege that would prevent the disclosure of therapy records in judicial proceedings. Consequently, the Wyoming Supreme Court reversed the district court's decision and remanded the case, instructing the lower court to issue an order fully denying the therapist's motion to quash the subpoena. View "Loyning v. Potter" on Justia Law

Donald A. Whitmore was convicted of vehicular homicide and four misdemeanors following a car accident that resulted in the death of Antonio Jurado, III. The accident occurred after Whitmore and his coworkers completed an overnight shift and were traveling at high speed. The vehicle, driven by Whitmore, failed to navigate a curve, resulting in a crash that ejected Jurado, causing his immediate death. Whitmore and another passenger, Josh Voytoski, survived with injuries. Whitmore was found outside the vehicle, and both he and Voytoski initially claimed Jurado was driving. However, Voytoski later admitted Whitmore was the driver.The District Court of Converse County conducted a three-day jury trial where the central issue was whether Whitmore was driving. The jury found Whitmore guilty based on evidence including Voytoski’s testimony, forensic evidence, and Whitmore’s own statements. The court sentenced Whitmore to twelve to sixteen years for vehicular homicide and lesser concurrent sentences for the misdemeanors. Whitmore appealed, arguing prosecutorial misconduct during closing arguments.The Wyoming Supreme Court reviewed the appeal, focusing on whether the prosecutor’s comments during closing arguments constituted misconduct by commenting on Whitmore’s decision not to testify, shifting the burden of proof, or vouching for a witness’s credibility. The court found that the prosecutor’s statements did not directly or indirectly comment on Whitmore’s silence, improperly shift the burden of proof, or vouch for the credibility of Voytoski. The court held that the prosecutor’s comments were permissible inferences from the evidence presented.The Wyoming Supreme Court affirmed the lower court’s decision, concluding that Whitmore failed to demonstrate plain error or material prejudice from the prosecutor’s statements. The court emphasized the strength of the State’s case, including compelling circumstantial evidence that Whitmore was driving the vehicle at the time of the accident. View "Whitmore v. The State of Wyoming" on Justia Law