Wyoming Supreme Court Decisions 2011

Jealous v. State  
Date: December 30, 2011
Citation: 2011 WY 171
Docket Number: S-11-0097

Justia Opinion Summary: After a jury trial, Enroe Jealous was convicted of aggravated assault and battery and sentenced to a term of imprisonment of three to eight years. Jealous appealed, contending that the district court committed reversible...

Landeroz v. State  
Date: December 28, 2011
Citation: 2011 WY 168
Docket Number: S-11-0052

Justia Opinion Summary: A jury found Gloria Landeroz (1) guilty of aggravated assault and battery and (2) not guilty of attempted first degree murder and the lesser included offense of attempted second degree murder. The jury was unable to reac...

Burnett v. State  
Date: December 28, 2011
Citation: 2011 WY 169
Docket Number: S-11-0081

Justia Opinion Summary: Brodey Burnett was convicted of attempted second degree murder and aggravated assault and battery. On appeal, the Supreme Court affirmed, holding (1) the jury was properly instructed on the elements of attempted second d...

J.O. v. State  
Date: December 28, 2011
Citation: 2011 WY 170
Docket Number: S-11-0088

Justia Opinion Summary: Appellant, the mother of two children, appealed a juvenile court's order directing the Department of Family Services (DFS) to pursue a termination of Appellant's parental rights. The Supreme Court affirmed, holding (1) t...

Ken v. State  
Date: December 22, 2011
Citation: 2011 WY 167
Docket Number: S-10-0103

Justia Opinion Summary: A jury convicted Varo Ken of attempted first degree murder and aggravated assault. The Supreme Court remanded the case to the district court for an evidentiary hearing on Ken's claim that counsel was ineffective. On rema...

Excel Constr., Inc. v. Town of Lovell  
Date: December 20, 2011
Citation: 2011 WY 166
Docket Number: S-11-0001

Justia Opinion Summary: Excel Construction entered into a contract with the Town of Lovell to replace the Town's water and sewer system mains and service connections. Excel subsequently filed a complaint against the Town of breach of contract a...

Earley v. State  
Date: December 20, 2011
Citation: 2011 WY 164
Docket Number: S-11-0118

Justia Opinion Summary: Appellant's co-defendant was charged with one count of conspiracy to deliver a controlled substance and two counts of delivery of a controlled substance. Appellant was charged with a similar conspiracy count and with bei...

In re Estate of Graves  
Date: December 20, 2011
Citation: 2011 WY 165
Docket Number: S-11-0126

Justia Opinion Summary: Decedent, as CEO of Corporation, purchased a cell phone retail outlet from Creditor for which Creditor accepted a promissory note from Corporation. Decedent signed the note as personal guarantor but died before completin...

Rosendahl v. Rosendahl  
Date: December 19, 2011
Citation: 2011 WY 162
Docket Number: S-11-0046

Justia Opinion Summary: In his appeal from a divorce decree, Husband challenged the property distribution, the award of attorney's fees to Wife, and the order that he pay one-half of an orthodontia bill incurred by Wife's children, who were nev...

Vogel v. Onyx Acceptance Corp.  
Date: December 19, 2011
Citation: 2011 WY 163
Docket Number: S-11-0061

Justia Opinion Summary: The Wyoming Division of Banking performed a Wyoming Uniform Consumer Credit Code compliance examination of Onyx Acceptance Corporation and determined it was improperly charging its Wyoming customers fees for making payme...

Exxon Mobil Corp. v. Wyo. Dep't of Revenue  
Date: December 9, 2011
Citation: 2011 WY 161
Docket Number: S-11-0047

Justia Opinion Summary: This case arose from a decision rendered by the State Board of Equalization (Board) concerning the valuation point for tax purposes of the natural gas production from the LaBarge Field. The Supreme Court remanded the iss...

Price v. State ex rel. Wyo. Workers' Safety & Comp. Div.  
Date: December 8, 2011
Citation: 2011 WY 160
Docket Number: S-11-0117

Justia Opinion Summary: Employee slipped and fell while taking out garbage for Employer. Employee was diagnosed with injuries to her right hip, shoulder, and elbow and received workers' compensation benefits for her shoulder injury and an umbil...

Large v. State  
Date: November 30, 2011
Citation: 2011 WY 159
Docket Number: S-11-0068

Justia Opinion Summary: Appellant Jeramie Large was charged with six crimes arising from an incident when he stole and crashed a vehicle. Large appealed, claiming (1) his right to a speedy trial was violated and (2) he was denied his right to c...

Rodgers v. State  
Date: November 18, 2011
Citation: 2011 WY 158
Docket Number: S-11-0044

Justia Opinion Summary: Appellant Danny Rodgers was convicted of check fraud, driving while intoxicated, felony identity theft, and two counts of forgery. Rodgers appealed, raising, among other claims, claims of evidentiary insufficiency and a...

In re Estate of George  
Date: November 17, 2011
Citation: 2011 WY 157
Docket Number: S-11-0086

Justia Opinion Summary: Decedent executed a pour-over will and a revocable inter vivos trust for the intended purpose of disinheriting her surviving Spouse, and thereby effectively destroying his elective share as to the property transferred to...

Garner v. State  
Date: November 16, 2011
Citation: 2011 WY 156
Docket Number: S-11-0119

Justia Opinion Summary: Appellant Mark Garner was convicted on two counts of delivery of a controlled substance after he was arrested for selling methamphetamine to a confidential informant in two controlled buy operations initiated by the Wyom...

Platt v. Platt  
Date: November 10, 2011
Citation: 2011 WY 155
Docket Number: S-11-0049

Justia Opinion Summary: Ralph and Wayne Platt were two brothers who, together with their siblings, inherited a ranch. Ralph and Wayne jointly owned and operated one half of the ranch, which they placed in the Platt Ranch Trust. After a dispute,...

DeLoge v. State ex rel. Workers' Safety & Comp. Div.  
Date: November 9, 2011
Citation: 2011 WY 154
Docket Number: S-11-0072

Justia Opinion Summary: Appellant Steven DeLoge, an inmate in the state penitentiary, was working in the kitchen when he was injured in an altercation with another inmate. Appellant filed a workers' compensation claim based on the injuries sust...

Eckdahl v. State  
Date: November 8, 2011
Citation: 2011 WY 152
Docket Number: S-11-0042

Justia Opinion Summary: John Eckdahl was sentenced following his conviction of possession of a controlled substance with intent to deliver. Just over a year later, Eckdahl filed a motion to modify his sentence. The district court denied the mot...

Tilley v. State  
Date: November 8, 2011
Citation: 2011 WY 153
Docket Number: S-11-0098

Justia Opinion Summary: Marvin Tilley was convicted of six counts of sexual assault committed years previously against four different victims and one count of aggravated burglary against one of the victims. Tilley appealed, challenging the suff...

Hagerman v. State  
Date: November 7, 2011
Citation: 2011 WY 151
Docket Number: S-11-0154

Justia Opinion Summary: In these consolidated appeals, Appellant Ryan Hagerman challenged the district court's denials of motions to correct illegal sentence that he filed in two unrelated, but temporally overlapping, cases. Appellant was first...

BOARD OF PROFESSIONAL RESPONSIBILITY, WYOMING STATE BAR, v. MARY M. DUNN, WSB No. 6 3391.
Date: November 2, 2011
Citations: 2011 WY 150, 262 P.3d 1268
Docket Numbers: D-11-0004, D-11-4
Bodily v. State ex rel. Workers' Safety & Comp. Div.  
Date: November 1, 2011
Citation: 2011 WY 149
Docket Number: S-11-0013

Justia Opinion Summary: The Wyoming Workers' Compensation Division denied Rick Bodily benefits for medical expenses related to his micro-lumbar discectomy for a herniated disc in his lower back after determining that Bodily's medical treatment...

Araguz v. State ex rel. Workers' Safety & Comp. Div.  
Date: October 28, 2011
Citations: 2011 WY 148, 262 P.3d 1263
Docket Number: S-11-0029

Justia Opinion Summary: Appellants, Timothy Araguz and James Elder, were injured in separate incidents while working at the Wal-Mart Distribution Center. After receiving compensation through Wal-Mart's private workers' compensation fund, Appell...

Benjamin v. State  
Date: October 25, 2011
Citation: 2011 WY 147
Docket Number: S-10-0204

Justia Opinion Summary: Appellant Leah Benjamin was convicted of second-degree murder for the shooting death of her estranged husband. On appeal, the Supreme Court affirmed, holding (1) the trial court did not abuse its discretion by denying Ap...

Wyo. Dep't of Revenue v. Qwest Corp.  
Date: October 21, 2011
Citation: 2011 WY 146
Docket Number: S-11-0002

Justia Opinion Summary: After an audit, the Department of Revenue (DOR) determined that Qwest was not entitled to a refund of sales tax. The tax was incorrectly collected from Qwest's customers and remitted to the state because Qwest did not pr...

Orchard v. State Dep't of Transp.  
Date: October 20, 2011
Citations: 2011 WY 145, 262 P.3d 197
Docket Number: S-11-0084

Justia Opinion Summary: Appellant Mark Orchard was arrested for driving while under the influence of alcohol. As a result, the Wyoming Department of Transportation (DOT) advised Appellant that it was suspending his driver's license. Appellant c...

Lascano v. State  
Date: October 19, 2011
Citations: 2011 WY 144, 262 P.3d 1259
Docket Number: S-11-0009

Justia Opinion Summary: Appellant Joshua Lascano was convicted of one count of burglary and sentenced to six to ten years. During trial, in order to have evidence indicating that Lascano was a member of a gang admitted, the State asserted that...

Craft v. State  
Date: October 14, 2011
Citations: 2011 WY 142, 262 P.3d 1253
Docket Number: S-11-0039

Justia Opinion Summary: Appellant Randal Craft entered a conditional guilty plea to felony possession of a controlled substance and reserved the right to appeal whether he entered a valid waiver of counsel in a prior conviction that was used to...

Tiernan v. State  
Date: October 14, 2011
Citation: 2011 WY 143
Docket Number: S-11-0058

Justia Opinion Summary: A state trooper stopped William Tiernan on suspicion of driving while impaired after he observed Tiernan's vehicle cross the center line and fog line a couple of times. The trooper conducted field sobriety tests and arre...

Jenkins v. State  
Date: October 12, 2011
Citation: 2011 WY 141
Docket Number: S-11-0003

Justia Opinion Summary: Petitioner Bobby Jenkins was charged with misdemeanor animal cruelty after a horse he owned was discovered in dire physical condition. A jury convicted him of the charges. The district court affirmed. Petitioner petition...

BOARD OF PROFESSIONAL RESPONSIBILITY, WYOMING STATE BAR v. KEVIN P. MEENAN, AttorneyNo. 5-1835
Date: October 5, 2011
Citations: 2011 WY 140, 261 P.3d 140
Docket Number: D-04-1
Hultgren v. State  
Date: October 4, 2011
Citations: 2011 WY 139, 261 P.3d 753
Docket Number: S-11-023

Justia Opinion Summary: After a bench trial, the district court held Appellant Martin Hultgren in criminal contempt due to his failure to comply with the terms of a dispositional order entered in a juvenile case. Despite the fact that the charg...

Stastny v. State  
Date: September 29, 2011
Citations: 2011 WY 138, 261 P.3d 747
Docket Number: S-10-0206

Justia Opinion Summary: Appellant Thomas Stastny was convicted of sexual abuse of a minor and attempted sexual abuse of a minor. On appeal, Appellant challenged the district court's admission of evidence of a prior conviction, accused the prose...

Dickey v. State  
Date: September 28, 2011
Citations: 2011 WY 136, 261 P.3d 739
Docket Number: S-11-0062

Justia Opinion Summary: Appellant Dana Dickey entered a conditional plea to one count of possession of a controlled substance. Dickey reserved the right to appeal the district court's denial of her motion to suppress the methamphetamine found i...

Winstead v. State  
Date: September 28, 2011
Citations: 2011 WY 137, 261 P.3d 743
Docket Number: S-11-0069

Justia Opinion Summary: Craig Winstead pled guilty to three counts of third degree sexual assault, and the district court sentenced him to ten to fifteen years on each count with the sentence on the first count to be served first and the senten...

Grynberg v. L&R Exploration Venture  
Date: September 21, 2011
Citations: 2011 WY 134, 261 P.3d 731
Docket Number: S-11-0037

Justia Opinion Summary: Celeste Grynberg and her husband were co-owners of Grynberg Petroleum. Celeste filed a complaint for declaratory relief, breach of contract, unjust enrichment, and conversion against L&R Exploration Venture and numerous...

THOMAS AVERY GLENN, v. THE STATE OF WYOMING
Date: September 21, 2011
Citations: 2011 WY 135, 262 P.3d 1253
Docket Number: S-11-0132
State ex rel. Wyo. Workers' Safety & Comp. Div. v. Cave  
Date: September 20, 2011
Citations: 2011 WY 133, 261 P.3d 724
Docket Number: S-10-0126

Justia Opinion Summary: Shannon Cave suffered a work-related injury and was awarded temporary total disability (TTD) benefits during her recovery. After Cave rejected an offer of temporary light duty work from her employer, the Wyoming Workers'...

Shaffer v. WINhealth Partners  
Date: September 20, 2011
Citations: 2011 WY 131, 261 P.3d 708
Docket Number: S-11-0005

Justia Opinion Summary: Kelly Shaffer received breast reduction surgery for medical purposes, after which she was hospitalized for a methicillin-resistant stophylococcus aureaus (MRSA) infection. Shaffer's insurer, WINhealth Partners (WIN), ref...

Washington v. State  
Date: September 20, 2011
Citations: 2011 WY 132, 261 P.3d 717
Docket Number: S-11-0041

Justia Opinion Summary: Appellant Marshall Washington, while working as a confidential informant for the Division of Criminal Investigation (DCI), was charged with and found guilty of possession of a controlled substance. The district court's j...

Harrell v. State  
Date: September 16, 2011
Citations: 2011 WY 129, 261 P.3d 235
Docket Number: S-11-0035

Justia Opinion Summary: Appellant Christopher Harrell was convicted of rape, kidnapping, and assault. Appellant appealed, arguing that the district court abused its discretion when it did not allow him to introduce evidence that he had been acq...

Graham v. State  
Date: September 16, 2011
Citations: 2011 WY 130, 261 P.3d 239
Docket Number: S-11-0053

Justia Opinion Summary: In 1999, James Graham was convicted on four counts of obtaining property by false pretenses. Graham's appeal challenged the amount of restitution ordered as part of his sentence. The Supreme Court affirmed in part and re...

D.R.S. v. Dep't of Family Servs.  
Date: September 14, 2011
Citations: 2011 WY 128, 261 P.3d 697
Docket Number: S-11-0017

Justia Opinion Summary: Mother's three children were removed from her custody after they were adjudicated to be neglected. The juvenile court first ruled that the children should temporarily live with their grandparents and father and later rul...

Weber v. State  
Date: September 12, 2011
Citations: 2011 WY 127, 261 P.3d 225
Docket Number: S-10-0049

Justia Opinion Summary: Francis Weber was severely burned by hot mineral water when he lost consciousness in a steam room in Hot Spring State Park. Weber brought a personal injury action against several defendants, including the State. The dist...

Glenn v. Union Pac. R.R. Co.  
Date: September 9, 2011
Citations: 2011 WY 126, 262 P.3d 177
Docket Number: S-10-0197

Justia Opinion Summary: Steve Glen filed suit against his employer, Union Pacific Railroad, claiming that a work-related injury was caused by Union Pacific's negligence. Previously, the Supreme Court reversed a grant of summary judgment in favo...

Baessler v. Freier  
Date: August 26, 2011
Citations: 2011 WY 125, 258 P.3d 720

Justia Opinion Summary: Appellants were the personal representatives of the estates of a husband and wife who were killed in a car accident. The accident was caused by a driver who, prior to the accident, had become intoxicated as a result of c...

Purcella v. Purcella  
Date: August 26, 2011
Citations: 2011 WY 124, 258 P.3d 730
Docket Number: S-10-0266

Justia Opinion Summary: Burt Purcella established a trust into which he transferred his assets, including fifty percent ownership in a business. Purcella named his wife and children as successor trustees. Upon Purcella's death, the successor tr...

Baker v. State  
Date: August 25, 2011
Citations: 2011 WY 123, 260 P.3d 268
Docket Number: S-10-0229

Justia Opinion Summary: David Baker was convicted on six methamphetamine-related charges. The Supreme Court reversed his convictions on two of the charges and affimed the other four. In these consolidated appeals, Baker (1) challenged the distr...

Ford v. State  
Date: August 25, 2011
Citations: 2011 WY 122, 259 P.3d 1178
Docket Number: S-11-0021

Justia Opinion Summary: Myra Jean Ford was convicted of seven counts of forgery. On appeal, Ford contended that the district court abused its discretion when it denied her motion for judgment of acquittal at the close of the State's presentatio...

Rageth v. Sidon Irrigation Dist.  
Date: August 24, 2011
Citations: 2011 WY 121, 258 P.3d 712
Docket Number: S-10-0141

Justia Opinion Summary: The Rageths filed suit against the Sidon Irrigation District seeking a declaration of their conveyance rights in the Sidon Canal, reimbursement of water delivery fees paid to the District for past irrigation seasons, and...

Barlow v. State ex rel. Wyo. Workers' Safety & Comp. Div.  
Date: August 24, 2011
Citations: 2011 WY 120, 259 P.3d 1170
Docket Number: S-10-0243

Justia Opinion Summary: Employee injured his knee while climbing into his employer-provided truck as he was preparing to leave on a work-related trip. The Wyoming Workers' Safety and Compensation Division (Division) denied Employee's requested...

In re A.R.C.  
Date: August 22, 2011
Citations: 2011 WY 119, 258 P.3d 704
Docket Number: S-10-0254

Justia Opinion Summary: In this termination of parental rights case, police officers found illegal drugs and drug paraphernalia in the room where Mother's two children watched television. The Department of Family Services (DFS) removed the chil...

Middlemass v. State ex rel. Wyo. Workers' Safety & Comp. Div.  
Date: August 11, 2011
Citations: 2011 WY 118, 259 P.3d 1161
Docket Number: S-10-11

Justia Opinion Summary: Carol Middlemass suffered a broken right shoulder in 1987 as a result of a car accident. Middlemass recovered and was able to use her shoulder normally. In 2009, Middlemass stated that she injured her right shoulder whil...

MICHAEL SCOTT CARROLL v. THE STATE OF WYOMING
Date: August 10, 2011
Citations: 2011 WY 117, 257 P.3d 39
Docket Number: S-11-0074
Rathbun v. State  
Date: August 8, 2011
Citations: 2011 WY 116, 257 P.3d 29
Docket Number: S-10-0245

Justia Opinion Summary: Appellant Warren Rathbun was convicted of attempted kidnapping and was sentenced to life in prison. On appeal, the Supreme Court affirmed the conviction and sentence, holding (1) Rathbun's prosecution for attempted kidna...

Jones v. State  
Date: August 3, 2011
Citations: 2011 WY 115, 256 P.3d 536
Docket Number: S-10-0241

Justia Opinion Summary: Christopher Jones pled guilty to a third battery against a household member and was sentenced to a prison term of four or five years. Jones appealed, contending that Wyo. Stat. Ann. 6-2-501(f)(ii), which prescribes the p...

Jones v. State  
Date: July 27, 2011
Citations: 2011 WY 114, 256 P.3d 527
Docket Number: S-10-0239

Justia Opinion Summary: After a jury trial, Ronald Jones was convicted of felony larceny. On appeal, Jones argued that (1) the district court did not have subject matter jurisdiction over the State's larceny charge, (2) the trial court improper...

Downing v. State  
Date: July 25, 2011
Citations: 2011 WY 113, 259 P.3d 365
Docket Number: S-10-0128

Justia Opinion Summary: After a jury trial, Michael Downing was convicted of unlawful delivery of a controlled substance. Evidence was presented at trial involving an incident wherein a confidential informant (CI), who was working with the stat...

J&T Properties, L.L.C. v. Gallagher  
Date: July 21, 2011
Citations: 2011 WY 112, 256 P.3d 522
Docket Number: S-10-0213

Justia Opinion Summary: When Daniel Gallagher, who purchased property west of land owned by J&T Properties, discovered he did not have access to a nearby public road, Gallagher petitioned the Board of County Commissioners for a private road acr...

Schossow v. State ex rel. Wyo. Workers' Safety & Comp. Div.  
Date: July 15, 2011
Citations: 2011 WY 111, 255 P.3d 941
Docket Number: S-10-0183

Justia Opinion Summary: Appellant Dawn Schossow injured her back while working as a nurse. Upon returning to work, Appellant requested permanent partial disability (PPD) benefits pursuant to Wyo. Stat. Ann. 27-14-405(h), which governs the avail...

State v. Juarez  
Date: July 14, 2011
Citations: 2011 WY 110, 256 P.3d 517
Docket Number: S-10-0260

Justia Opinion Summary: Respondent Douglas Juarez was stopped by a state trooper for failing to signal his merge from an entrance ramp onto the right lane of an interstate. A subsequent search of Juarez's vehicle yielded nine pounds of marijuan...

Smith v. Lewis Auto Body  
Date: July 13, 2011
Citations: 2011 WY 109, 255 P.3d 935
Docket Number: S-10-0267

Justia Opinion Summary: Anthony Smith was involved in an accident that caused extensive damage to his vehicle, which was insured by State Farm. The vehicle was taken to Lewis Auto Body for repairs, after which State Farm determined that the car...

CHRISTOPHER CHARLES FREEMAN v. THE STATE OF WYOMING
Date: July 12, 2011
Citations: 2011 WY 107, 254 P.3d 236
Docket Number: S-11-0056
In re K.C.  
Date: July 12, 2011
Citations: 2011 WY 108, 257 P.3d 23
Docket Number: S-10-0247

Justia Opinion Summary: K.C., a juvenile, was adjudged delinquent. As part of her disposition, she was allowed to remain in a home environment and placed on supervised probation. After K.C. violated various terms of her probation, her probation...

Swaney v. State  
Date: July 8, 2011
Citations: 2011 WY 105, 256 P.3d 514
Docket Number: S-10-0261

Justia Opinion Summary: Father was ordered to pay child support and soon developed child support arrearages. Later, Father became disabled. Father and his children received lump sum Social Security disability benefits payments for the period re...

Elk Ridge Lodge, Inc. v. Sonnett  
Date: July 8, 2011
Citation: 2011 WY 106
Docket Number: S-10-0191

Justia Opinion Summary: George Sonnett, Jr. and Wendy Burgers-Sonnett purchased twenty acres of land and improvements from Elk Ridge Lodge, which Elk Ridge conveyed by warranty deed. The Sonnetts financed part of the purchase price by giving El...

Dunham v. Fullerton  
Date: July 6, 2011
Citations: 2011 WY 103, 258 P.3d 701
Docket Number: S-10-0242

Justia Opinion Summary: Kara Dunham filed a lawsuit against Robert Fullerton for injuries stemming from an automobile accident. After filing his answer, Fullerton passed away. Fullerton's counsel then made a Wyo. R. Civ. P. 68 offer of settleme...

Maycock v. State  
Date: July 6, 2011
Citations: 2011 WY 104, 257 P.3d 20
Docket Number: S-10-0208

Justia Opinion Summary: Despite a divorce in 1971, appellant Christina Maycock and Bill Maycock and their children lived together as a family in a home jointly owned by the couple. In 1992, Christina, an employee of the county cemetery district...

Magin v. Solitude Homeowners, Inc.  
Date: June 30, 2011
Citations: 2011 WY 102, 255 P.3d 920
Docket Number: S-10-0166

Justia Opinion Summary: After Barbara Magin purchased property in the Solitude subdivision, the Solitude site committee informed her that pre-existing fences and a barn were in violation of the subdivision covenants. Solitude filed a complaint...

Robinson v. State  
Date: June 29, 2011
Citations: 2011 WY 101, 253 P.3d 1148
Docket Number: S-10-0234

Justia Opinion Summary: Appellant Kelly Robinson was convicted of three misdemeanors and one felony. All of the crimes arose in a domestic violence context. One of Robinson's misdemeanor convictions was the violation of a protection order, whic...

Vasco v. Wyo. DOT  
Date: June 27, 2011
Citations: 2011 WY 100, 253 P.3d 515
Docket Number: S-10-0235

Justia Opinion Summary: Defendant Richard Vasco was arrested for interference with a police officer and for driving under the influence of alcohol. Vasco refused to submit to chemical testing, and the Wyoming DOT advised him that it was suspend...

Bruyette v. State  
Date: June 24, 2011
Citations: 2011 WY 99, 253 P.3d 512
Docket Number: S-10-0250

Justia Opinion Summary: Defendant William Bruyette was charged with felony possession of marijuana. At trial, he sought to introduce evidence that he obtained the marijuana in California with a prescription for medical marijuana. The district c...

Hunter v. Reece  
Date: June 23, 2011
Citations: 2011 WY 97, 253 P.3d 497
Docket Number: S-10-0195

Justia Opinion Summary: Ron and Linda Reece and Greg and Staci Hunter agreed to flip a house and put their agreement in writing. Mr. Reece supplied the labor and submitted invoices for expenses incurred to Mrs. Hunter. Later, the Hunters became...

Van Patten v. Gipson  
Date: June 23, 2011
Citations: 2011 WY 98, 253 P.3d 505
Docket Number: S-10-0202

Justia Opinion Summary: Appellant Michael Van Patten was injured while working on a drilling rig. Van Patten filed suit against several of his co-employees, claiming their willful and wanton misconduct caused his injuries. The district court he...

Dennis v. Jack Dennis Sports, Inc.  
Date: June 22, 2011
Citations: 2011 WY 96, 253 P.3d 495
Docket Number: S-11-0140

Justia Opinion Summary: This case involved an appeal from two district court orders, (1) an order regarding motions related to arbitration and (2) a decision and order over-ruling and denying any requested relief regarding defendants' objection...

Marquess v. State  
Date: June 17, 2011
Citations: 2011 WY 95, 256 P.3d 506
Docket Number: S-10-0172

Justia Opinion Summary: Appellant Gary Marquess was tried and convicted by a jury of aggravated assault and battery, battery, kidnapping, and being a habitual criminal. Appellant appealed, arguing (1) the district court abused its discretion wh...

Allen v. Anderson  
Date: June 16, 2011
Citations: 2011 WY 94, 253 P.3d 182
Docket Number: S-10-0215

Justia Opinion Summary: Joyce Anderson and Jerry Allen were involved in a long-term, non-marital relationship. Upon separation, the parties entered into a settlement agreement stating that each should have ownership of personal property in thei...

Torres v. State ex rel. Wyoming Workers' Safety and Compensation Division  
Date: June 13, 2011
Citations: 2011 WY 93, 253 P.3d 175
Docket Number: S-10-0123

Justia Opinion Summary: In 2006, Will Torres claimed he injured his low back in a slip-and-fall accident at Home Depot where he worked. Torres had suffered two previous injuries to his low back. In January 2007, Torres received an MRI, which a...

Willoughby v. State  
Date: June 8, 2011
Citations: 2011 WY 92, 253 P.3d 157
Docket Number: S-10-0161

Justia Opinion Summary: Appellant appealed his murder conviction and the denial of his motion for a new trial without a hearing. At issue was whether the district court abused its discretion by failing to grant the appellant's motion for a new...

Christiansen v. Christiansen  
Date: June 6, 2011
Citations: 2011 WY 90, 253 P.3d 153
Docket Number: S-10-0252

Justia Opinion Summary: Paula Christiansen and Victoria Lee Christiansen, both residents of Wyoming, legally married in Canada in 2008. Paula Christiansen filed an action for divorce in Wyoming in 2010. At issue was whether a Wyoming district c...

Hageman v. Goshen County Sch. Dist. No. 1  
Date: June 6, 2011
Citations: 2011 WY 91, 256 P.3d 487
Docket Number: S-10-0009

Justia Opinion Summary: In an effort to address a perceived drug and alcohol problem among its students, Goshen County School District No. 1 ("school district") adopted a policy requiring all students who participated in extracurricular activit...

Town of Evansville Police Dept. v. Porter  
Date: June 1, 2011
Citations: 2011 WY 86, 256 P.3d 476
Docket Numbers: S-09-0178, S-10-0133

Justia Opinion Summary: In two consolidated appeals, the Town of Evansville ("town") Police Department ("department") appealed the district court's order of reversal for agency inaction filed July 23, 2009 and the district court's order denying...

ANDRE NIGEL PENDLETON v. THE STATE OF WYOMING
Date: June 1, 2011
Citations: 2011 WY 87, 251 P.3d 939
Docket Number: S-11-0014
BOARD OF PROFESSIONAL RESPONSIBILITY, WYOMING STATE BAR, v. ROBERT O. ANDERSON.
Date: June 1, 2011
Citations: 2011 WY 88, 261 P.3d 695
Docket Number: D-11-0001
BOARD OF PROFESSIONAL RESPONSIBILITY, WYOMING STATE BAR, v. CLAY B. JENKINS, WSB No. 5 2249
Date: June 1, 2011
Citations: 2011 WY 89, 260 P.3d 264
Docket Number: D-11-0003
Garnica v. State  
Date: May 26, 2011
Citations: 2011 WY 85, 253 P.3d 489
Docket Number: 10-0233

Justia Opinion Summary: Appellant was convicted of two counts of unlawfully touching a household member for a third or subsequent time in the past ten years, in violation of Wyo. Stat. Ann. 6-2-501(b) and (f)(ii). The second incident of abuse t...

Vision 2007, LLC v. Lexstar Dev. and Const. Co., LLC  
Date: May 25, 2011
Citations: 2011 WY 84, 255 P.3d 914
Docket Number: S-10-0020

Justia Opinion Summary: Petitioner entered into a contract with respondent for the construction of a hotel. After seventeen months of work on the project, petitioner terminated the contract with respondent and respondent subsequently filed a li...

Belden v. Lampert  
Date: May 24, 2011
Citations: 2011 WY 83, 251 P.3d 325
Docket Number: S-10-0237

Justia Opinion Summary: Appellant was convicted of first-degree sexual assault and first-degree murder and sentenced to life in prison. Appellant, acting pro se, filed an action under 42 U.S.C. 1983 contending that he was denied his constituti...

Strong Construction Inc., v. City of Torrington  
Date: May 23, 2011
Citations: 2011 WY 82, 255 P.3d 903
Docket Number: S-10-0171

Justia Opinion Summary: The City of Torrington ("city") filed suit against Strong Construction, Inc. ("Strong") alleging breach of contract claims based on Strong's failure to supply and install water pump motors that conformed to contract spec...

Lindsey v. Harriet, et al  
Date: May 13, 2011
Citations: 2011 WY 80, 255 P.3d 873
Docket Number: S-10-0046

Justia Opinion Summary: Appellant, owner of sixty-seven shares of corporate stock of Burnett Livestock Company, appealed the district court's summary judgment that imposed a constructive trust upon those sixty-seven shares for the benefit of se...

Mountain Cement Co. v. The South of Laramie Water & Sewer Dist.  
Date: May 13, 2011
Citations: 2011 WY 81, 255 P.3d 881
Docket Numbers: S-10-0199, S-10-0238

Justia Opinion Summary: In consolidated appeals, plaintiff challenged the district court's conclusions that its property was properly included in the South of Laramie Water and Sewer District ("district") and that the district lawfully issued c...

Eva D. Kelly, et al v. Roby L. McNeel; In the matter of the guardianship and conservatorship of Robert Lee McNeel  
Date: May 9, 2011
Citations: 2011 WY 79, 250 P.3d 1105
Docket Numbers: S-10-0179, S-10-0190

Justia Opinion Summary: Plaintiffs, Eva D. and Lee J. Kelly, appealed the district court's finding that they exercised undue influence over Robert Lee McNeel and invalidated the trust and will in which Mr. McNeel had named Ms. Kelly as one of t...

HENRY R. SANCHEZ, a/k/a RICKY SANCHEZ v. THE STATE OF WYOMING  
Date: May 5, 2011
Citations: 2011 WY 77, 253 P.3d 136
Docket Numbers: S-09-0113, S-10-0044

Justia Opinion Summary: Appellant appealed his conviction and sentence, as well as a denial of his new trial motion, after he was found guilty of attempted second degree murder, aggravated assault and battery, felony possession of a controlled...

In the Matter of the Adoption of RMS  
Date: May 5, 2011
Citations: 2011 WY 78, 253 P.3d 149
Docket Number: S-10-0209

Justia Opinion Summary: The biological mother of the child at issue appealed from the order allowing the father and stepmother's petition to adopt the minor child to proceed without the mother's consent because she did not pay child support for...

Beau Christian Lefferdink v. State of Wyoming  
Date: May 4, 2011
Citations: 2011 WY 75, 250 P.3d 173
Docket Number: S-10-0201

Justia Opinion Summary: Defendant challenged the district court's denial of his motion to suppress after he was charged with two counts of sexual exploitation of children. At issue was whether the misstatement of fact in the affidavit for a sea...

Maverick Motorsports Group, LLC v. Dept. of Revenue, State of Wyoming  
Date: May 3, 2011
Citations: 2011 WY 76, 253 P.3d 125
Docket Number: S-10-0220

Justia Opinion Summary: Maverick Motorsports Group, LLC ("Maverick") challenged a decision of the State Board of Equalization ("SBOE") that certain sales by Maverick were subject to Wyoming sales tax. At issue was whether sales of recreational...

Joe's Concrete and Lumber, Inc., et al v. Concrete Works of Colorado, Inc., et al  
Date: May 2, 2011
Citations: 2011 WY 74, 252 P.3d 445
Docket Number: S-10-0036

Justia Opinion Summary: Joe's Concrete and Lumber, Inc. ("Joe's Concrete") sought attorneys fees from Concrete Works of Colorado, Inc. ("CWC") after CWC breached its contract with Joe's concrete. At issue was whether the district court properl...

WILLIS A. CENTER, SR. v. THE STATE OF WYOMING  
Date: April 27, 2011
Citations: 2011 WY 73, 252 P.3d 963
Docket Number: S-10-0211

Justia Opinion Summary: Appellant appealed his sentence contending that it was "illegal" when he was convicted of aggravated assault and battery where the sentence was conditionally stayed pending his admission to an alcohol treatment center ("...

In re Estate of Nielsen  
Date: April 25, 2011
Citations: 2011 WY 71, 252 P.3d 958
Docket Number: S-10-0200

Justia Opinion Summary: Appellant Paul Mathewson, grandson of decedent Helen Nielsen, challenges the distribution of her estate. Ms. Nielsen died testate in May, 2008; her daughter Ember Mathewson (Daughter) was named executrix. Appellant is Da...

Harvey v. Wyoming  
Date: April 25, 2011
Citations: 2011 WY 72, 250 P.3d 167
Docket Number: S-10-0194

Justia Opinion Summary: Appellant Ronald Harvey challenged an order from the district court affirming the suspension of his driver's license under state law, arguing the arresting officer lacked probable cause to justify a traffic stop. In June...

Harris v. Wyoming  
Date: April 22, 2011
Citations: 2011 WY 70, 250 P.3d 163
Docket Number: S-10-0144

Justia Opinion Summary: Appellant Leroy Harris challenged that portion of the district court’s sentence which required him to pay, as a portion of the costs of prosecution, the fees paid by the State to some of the witnesses who testified again...

BOARD OF PROFESSIONAL RESPONSIBILITY, WYOMING STATE BAR v. CLARK D. STITH, Attorney No. 6-3176
Date: April 20, 2011
Citations: 2011 WY 69, 262 P.3d 847
Docket Number: D-11-0002
Gruwell v. Wyoming  
Date: April 18, 2011
Citations: 2011 WY 67, 254 P.3d 223
Docket Number: S-10-0168

Justia Opinion Summary: Appellant-Defendant Jay Gruwell was convicted on one count of sexual abuse of a minor in the third degree in violation of state law. On appeal, Appellant contends the trial court erred by excluding the testimony of one o...

IN THE MATTER OF THE PATERNITY OF JWH, Minor Child: LRD v. DAH
Date: April 14, 2011
Citations: 2011 WY 66, 252 P.3d 942
Docket Number: S-10-0167
STEPHEN BERNARD BARNES v. THE STATE OF WYOMING
Date: April 13, 2011
Citations: 2011 WY 62, 249 P.3d 726
Docket Number: S-10-0078
ALEXIS MAJORS v. THE STATE OF WYOMING
Date: April 13, 2011
Citations: 2011 WY 63, 252 P.3d 445
Docket Number: S-10-0157
FREMONT COUNTY SHERIFF'S OFFICE v. RAECHEAL STROM ; FREMONT COUNTY SHERIFF'S OFFICE v. REBECCA STROM
Date: April 13, 2011
Citations: 2011 WY 64, 252 P.3d 939
Docket Numbers: S-09-0244, S-09-0245
JAMES P. WUNSCH v. KELLY M. PICKERING, f/k/a KELLY M. WUNSCH
Date: April 12, 2011
Citations: 2011 WY 59, 249 P.3d 717
Docket Number: S-10-0004
KEITH ALLAN TYNER v. THE STATE OF WYOMING
Date: April 12, 2011
Citations: 2011 WY 60, 252 P.3d 935
Docket Number: S-10-0210
STATE OF WYOMING, ex rel., WYOMING WORKERS' SAFETY AND COMPENSATION DIVISION
Date: April 12, 2011
Citations: 2011 WY 61, 252 P.3d 929
Docket Number: S-10-0156
REX ADAMS v. BETTY WALTON, M.D.
Date: March 31, 2011
Citation: 2011 WY 58
Docket Number: S-10-0109
GARY COLLINS SCOTT v. THE STATE OF WYOMING
Date: March 30, 2011
Citation: 2011 WY 56
Docket Number: S-10-0139
STATE OF WYOMING, ex rel., WYOMING WORKERS' SAFETY AND COMPENSATION DIVISION v. LEONARD A. SINGER
Date: March 30, 2011
Citation: 2011 WY 57
Docket Number: S-10-0064
LARAMIE COUNTY SCHOOL DISTRICT NO. ONE v. CHEYENNE NEWSPAPERS, INC. d/b/a WYOMING TRIBUNE EAGE, and D. REED ECKHARDT
Date: March 29, 2011
Citations: 2011 WY 55, 250 P.3d 522
Docket Number: S-10-0221
RONALD LEE WORMAN and SHERRI LYNNE WORMAN, deceased v. BP AMERICA PRODUCTION COMPANY
Date: March 25, 2011
Citations: 2011 WY 54, 248 P.3d 644
Docket Number: S-10-0162
MATTHEW WAYNE BAKER v. THE STATE OF WYOMING
Date: March 24, 2011
Citations: 2011 WY 53, 248 P.3d 640
Docket Number: S-10-0265
SHERRY LANE WALTER v. STATE OF WYOMING, ex rel., WYOMING WORKERS' SAFETY AND COMPENSATION DIVISION
Date: March 24, 2011
Citations: 2011 WY 52, 250 P.3d 513
Docket Number: S-10-0087
STEVEN D. BONNEY v. THE STATE OF WYOMING
Date: March 22, 2011
Citations: 2011 WY 51, 248 P.3d 637
Docket Number: S-10-0164
ORTHOPAEDICS OF JACKSON HOLE, P.C., d/b/a TETON ORTHOPAEDICS v. MICHAEL J. FORD, M.D.
Date: March 21, 2011
Citations: 2011 WY 50, 250 P.3d 1092
Docket Number: S-09-0136
KENNETH GESS V. GERROD L. FLORES, AN INDIVIDUAL, MEIFRONDEE WATERS, AN INDIVIDUAL, AND THE CITY OF CHEYENNE, WYOMING
Date: March 18, 2011
Citations: 2011 WY 48, 249 P.3d 715
Docket Number: S-10-0040
DONALD RAY DAVES v. THE STATE OF WYOMING
Date: March 14, 2011
Citations: 2011 WY 47, 249 P.3d 250
Docket Number: S-10-0135
MONTY SULLIVAN, V.THE STATE OF WYOMING
Date: March 11, 2011
Citations: 2011 WY 46, 247 P.3d 879
Docket Number: S-10-0099
CHRISTOPHER DONALD HOWARD v. THE STATE OF WYOMING
Date: March 10, 2011
Citations: 2011 WY 43, 249 P.3d 230
Docket Number: S-10-0132
CLAUDE ROBERT CROSBY v. THE STATE OF WYOMING
Date: March 10, 2011
Citations: 2011 WY 44, 247 P.3d 876
Docket Number: S-10-0153
VIRGINIA L. WALTERS v. LONNIE WALTERS
Date: March 9, 2011
Citations: 2011 WY 41, 249 P.3d 214
Docket Numbers: S-09-0152, S-10-0059
SIERRA CLUB v. WYOMING DEPARTMENT OF ENVIRONMENTAL QUALITY, and MEDICINE BOW FUEL & POWER, LLC
Date: March 9, 2011
Citations: 2011 WY 42, 251 P.3d 310
Docket Number: S-10-0105
PENNANT SERVICE COMPANY, INC. v. TRUE OIL COMPANY, LLC; TRUE OIL COMPANY, LLC v. PENNANT SERVICE COMPANY, INC.
Date: March 8, 2011
Citations: 2011 WY 40, 249 P.3d 698
Docket Numbers: S-09-0234, S-09-0235
MICHELLE MOWERY v. THE STATE OF WYOMING
Date: March 4, 2011
Citations: 2011 WY 38, 247 P.3d 866
Docket Number: S-10-0127
DANA L. GRAHAM v. THE STATE OF WYOMING
Date: March 4, 2011
Citations: 2011 WY 39, 247 P.3d 872
Docket Number: S-10-0163
BOARD OF PROFESSIONAL RESPONSIBILITY, WYOMING STATE BAR v. ROBERT O. ANDERSON
Date: March 2, 2011
Citations: 2011 WY 37, 247 P.3d 513
Docket Number: D-11-0001
KENNETH MADSEN, M.D. v. BOARD OF TRUSTEES OF MEMORIAL HOSPITAL OF SWEETWATER COUNTY, WYOMING
Date: March 1, 2011
Citation: 2011 WY 36
Docket Number: S-10-0067
IN THE MATTER OF THE WORKER'S COMPENSATION CLAIM OF ANDREA L. MCCALL PRESSE, AN EMPLOYEE OF WYOMING WOMEN'S BUSINESS CENTER:
Date: February 25, 2011
Citations: 2011 WY 34, 247 P.3d 505
Docket Number: S-10-0186
ROBERT K.BROWN v. CITY OF CASPER and OFFICER ERIC E. WALTERS, individually
Date: February 25, 2011
Citation: 2011 WY 35
Docket Number: S-09-0263
CHRISTIAN GUIER, M.D. v. TETON COUNTY HOSPTIAL DISTRICT, d/b/a ST. JOHN'S MEDICAL CENTER
Date: February 24, 2011
Citations: 2011 WY 31, 248 P.3d 623
Docket Number: S-09-0259
EDWARD ELLIOTT v. THE STATE OF WYOMING
Date: February 24, 2011
Citations: 2011 WY 32, 247 P.3d 501
Docket Number: S-10-0074
CARL S. OLSEN V. CANDY M. OLSEN
Date: February 23, 2011
Citations: 2011 WY 30, 247 P.3d 77
Docket Number: S-10-0121
IN THE MATTER OF: CG, a minor child v. THE STATE OF WYOMING
Date: February 18, 2011
Citations: 2011 WY 28, 248 P.3d 186
Docket Number: S-10-0124
DAVIDSON LAND COMPANY, LLC v. SUEELLEN L. DAVIDSON, CHARLES NOLLER DAVIDSON, and DEBORAH J. DAVIDSON
Date: February 18, 2011
Citations: 2011 WY 29, 247 P.3d 67
Docket Number: S-10-0060
JOHN THORKILDSEN v. MARGOT BELDEN, and FISH CREEK DESGIN, LLC
Date: February 17, 2011
Citations: 2011 WY 26, 247 P.3d 60
Docket Number: S-10-0154
UNION PACIFIC RAILROAD V. CABALLO COAL COMPANY; and CABALLO COAL COMPANY v. UNION PACIFIC RAILROAD COMPANY
Date: February 14, 2011
Citations: 2011 WY 24, 246 P.3d 867
Docket Numbers: S-10-0112, S-10-0113
BOARD OF PROFESSIONAL RESPONSIBILITY, WYOMING STATE BAR v. MICHELE NEVES ELIOT, WSB Attonnry nO. 5-2582
Date: February 10, 2011
Citations: 2011 WY 22, 262 P.3d 171
Docket Number: D-10-0002
STATE OF WYOMING, DEPARTMENT OF TRANSPORTATION v. JAMES T. ROBBINS
Date: February 10, 2011
Citations: 2011 WY 23, 246 P.3d 864
Docket Number: S-10-0048
BRADLEY ALLEN PARKS v. THE STATE OF WYOMING
Date: February 9, 2011
Citations: 2011 WY 19, 247 P.3d 857
Docket Number: S-10-0136
SONNY HWANG v. STATE OF WYOMING, DEPARTMENT OF TRANSPORTATION
Date: February 9, 2011
Citations: 2011 WY 20, 247 P.3d 861
Docket Number: S-10-0120
CHRISTOPHER CHARLES FREEMAN v. THE STATE OF WYOMING
Date: February 9, 2011
Citations: 2011 WY 21, 246 P.3d 601
Docket Number: S-11-0033
DARNELL TAYLOR v. THE STATE OF WYOMING
Date: February 7, 2011
Citations: 2011 WY 18, 246 P.3d 596
Docket Number: S-10-0118
SHERIDAN COUNTY COMMISSION, SHERIDAN COUNTY, WYOMING v. V.O. GOLD PROPERTIES, LLC
Date: February 4, 2011
Citations: 2011 WY 16, 247 P.3d 48
Docket Number: S-10-0071
WYOMING DEPARTMENT OF TRANSPORTATION v. STEVEN POTVIN
Date: February 4, 2011
Citations: 2011 WY 17, 247 P.3d 54
Docket Number: S-10-0125
FREDRIC VINCENT SACCATO v. THE STATE OF WYOMING
Date: February 3, 2011
Citations: 2011 WY 15, 247 P.3d 47
Docket Number: S-10-0198
MICHELLE KENYON v. STATE OF WYOMING, ex rel. WYOMING WORKERS' SAFETY AND COMPENSATION DIVISION
Date: February 2, 2011
Citations: 2011 WY 14, 247 P.3d 845
Docket Number: S-10-0091
MARALEE A. HOLIDAY v. CRAIG D. HOLIDAY
Date: January 31, 2011
Citations: 2011 WY 12, 247 P.3d 29
Docket Number: S-10-0160
JUSTIN DANIEL BREAZEALE v. THE STATE OF WYOMING
Date: January 24, 2011
Citations: 2011 WY 10, 245 P.3d 834
Docket Number: S-10-0097
BLAKE BRYAN LEAVITT v. THE STATE OF WYOMING
Date: January 24, 2011
Citations: 2011 WY 11, 245 P.3d 831
Docket Number: S-10-0116
AMERICAN NATIONAL BANK, TRUSTEE OF THE LOUISE J. SARA IRREVOCABLE TRUST DATED MARCH 14, 2003 v. JOSEPH D. SARA
Date: January 21, 2011
Citations: 2011 WY 9, 246 P.3d 294
Docket Number: S-10-0104
CIRO PAOLO FORMISANO v. GABE GASTON
Date: January 20, 2011
Citations: 2011 WY 8, 246 P.3d 286
Docket Number: S-1-0138
RAYMOND E. ROBISON, III v. THE STATE OF WYOMING
Date: January 19, 2011
Citations: 2011 WY 4, 246 P.3d 259
Docket Number: S-10-0050
DANIEL JOSEPH BURNS v. THE STATE OF WYOMING
Date: January 19, 2011
Citations: 2011 WY 5, 246 P.3d 283
Docket Number: S-10-0053
BRUCE B. WILLIAMS v. CITY OF GILLETTE, WYOMING
Date: January 19, 2011
Citations: 2011 WY 6, 245 P.3d 362
Docket Number: S-10-0070
STEVE JOHN GRENZ v. THE STATE OF WYOMING, DEPARTMENT OF FAMILY SERVICES, CHILD SUPPORT ENFORCEMENT
Date: January 11, 2011
Citations: 2011 WY 3, 249 P.3d 694
Docket Number: S-10-0089
KEVIN D. BOWEN v. STATE OF WYOMING, DEPARTMENT OF TRANSPORTATION
Date: January 4, 2011
Citations: 2011 WY 1, 245 P.3d 827
Docket Number: S-10-0063
DONALD J. BOUCHER v. THE STATE OF WYOMING
Date: January 4, 2011
Citations: 2011 WY 2, 245 P.3d 342
Docket Number: S-10-0029
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