Wyoming Supreme Court Decisions 2012

Craft v. State  
Date: December 28, 2012
Citation: 2012 WY 166
Docket Number: S-12-0030

Justia Opinion Summary: After a jury trial, Defendant was convicted of sexual exploitation of a child. Defendant appealed, contending (1) the district court erred in denying his motion for judgment of acquittal for lack of sufficient evidence,...

Arnott v. Arnott  
Date: December 28, 2012
Citation: 2012 WY 167
Docket Number: S-12-0089

Justia Opinion Summary: Mother and Father shared joint custody of their two children after their divorce. In 2011, Mother filed a notice of intent to relocate, indicating that she intended to move with the children to Virginia. Father subsequen...

Hoffman v. State ex rel. Workers' Safety & Comp. Div.  
Date: December 21, 2012
Citation: 2012 WY 164
Docket Number: S-12-0092

Justia Opinion Summary: In 1994, while working on a drilling rig, Appellant fell and injured his back. Consequently, Appellant had three back surgeries between 1995 and 2004. The Worker's Compensation Division paid Appellant worker's compensati...

HMH v. State, Dep't of Family Servs.  
Date: December 21, 2012
Citation: 2012 WY 165
Docket Number: S-12-0094

Justia Opinion Summary: Appellant was the mother of five children. After Appellant was arrested, the children were taken into protective custody. The county attorney filed a neglect petition in juvenile court, and Appellant admitted to the alle...

Wilson Advisory Comm. v. Bd. of County Comm'rs  
Date: December 21, 2012
Citation: 2012 WY 163
Docket Number: S-12-0095

Justia Opinion Summary: C&J, LLC owned 2.04 acres of property. The northern portion was zoned for commercial use, and the southern portion was zoned for a single-family residence. C&J filed an application requesting approval to develop the sing...

Kurtenbach v. State  
Date: December 20, 2012
Citation: 2012 WY 162
Docket Number: S-11-0262

Justia Opinion Summary: Appellant was convicted of making a false written statement to obtain property and was sentenced to a two to five year period of incarceration. The Supreme Court affirmed the conviction. Appellant later filed a motion en...

Regan v. State ex rel. Dep't of Transp.  
Date: December 20, 2012
Citation: 2012 WY 161
Docket Number: S-12-0074

Justia Opinion Summary: Kyle Regan and Joseph Parsons, in separate incidents, were both arrested for driving while under the influence. Each appellant consented to chemical testing, and based on the test results, each Appellant had his driver's...

Sandoval v. State  
Date: December 19, 2012
Citation: 2012 WY 160
Docket Number: S-12-0031

Justia Opinion Summary: Appellants both had their driver's licenses suspended, and both requested a contested case hearing with the Office of Administrative Hearings (OAH) to challenge the suspension. Appellants made several arguments regarding...

Osborn v. State  
Date: December 17, 2012
Citation: 2012 WY 159
Docket Number: S-12-0042

Justia Opinion Summary: In 1982, Appellant pled guilty to aggravated robbery, among other crimes, in both Sweetwater and Uinta Counties. In subsequently federal court proceedings, the convictions in both counties were set aside. In the followin...

N. Laramie Range Found. v. Converse County Bd. of County Comm'rs  
Date: December 14, 2012
Citation: 2012 WY 158
Docket Number: S-12-0060

Justia Opinion Summary: The case involved two permitting actions for a wind energy project in the mountains of Converse County. Objectors included the Northern Laramie Range Alliance (NLRA) and Northern Laramie Range Foundation (NLRF). In the f...

Hutchinson v. State  
Date: December 13, 2012
Citation: 2012 WY 155
Docket Number: S-12-0034

Justia Opinion Summary: Appellant was convicted of one count of sexual abuse of a minor in the second degree. Appellant appealed, contending (1) the victim was incompetent to testify, and (2) the district court improperly denied his motion for...

City of Cheyenne v. Laramie County Bd. of Comm'rs  
Date: December 13, 2012
Citation: 2012 WY 156
Docket Number: S-12-0058

Justia Opinion Summary: Roundup Heights, a subdivision in Laramie County, was located within one mile of the City of Cheyenne. The owners of certain lots applied for County approval of a partial vacation of the subdivision plat. The County gran...

Dowell v. Dowell  
Date: December 13, 2012
Citation: 2012 WY 154
Docket Number: S-12-0098

Justia Opinion Summary: While Mark and Elizabeth Dowell were still married, Mark created an irrevocable life insurance trust (ILIT) naming Elizabeth as is primary beneficiary and their two children as contingent beneficiaries. After the couple...

Zeitner v. Shank  
Date: December 13, 2012
Citation: 2012 WY 157
Docket Number: S-12-0142

Justia Opinion Summary: Mother and Father divorced. Mother was initially granted custody of their two children, but Father was later awarded sole custody of the children. Father subsequently relinquished physical custody of the younger child, A...

McWilliams v. State  
Date: December 11, 2012
Citation: 2012 WY 153
Docket Number: S-12-0126

Justia Opinion Summary: Appellant pled guilty to three counts of illegal drug possession, two counts being felonies, at arraignment. The district court found that a factual basis existed for all three counts but ordered a presentence investigat...

Lucero v. Holbrook  
Date: November 30, 2012
Citation: 2012 WY 152
Docket Number: S-12-0062

Justia Opinion Summary: Appellee left her car unattended with the motor running in her private driveway while she briefly returned to her home to retrieve her pocketbook. In the interim, Colbey Emms stole her vehicle. Emms later got into a high...

Haynes v. State  
Date: November 29, 2012
Citation: 2012 WY 151
Docket Number: S-12-0065

Justia Opinion Summary: Appellant was adjudicated delinquent in juvenile court. Based on the same incident, Appellant was later convicted on a criminal charge. Appellant appealed, asserting that the criminal prosecution violated his constitutio...

NLT v. State, Dep't of Family Servs.  
Date: November 28, 2012
Citation: 2012 WY 150
Docket Number: S-12-0068

Justia Opinion Summary: This opinion encompassed two separate cases that were consolidated for the purpose of decision. One of the appellants was the mother of KAT, SAT, and JGS. The other appellant was the father of JGS. Following a bench tria...

Call v. Town of Thayne  
Date: November 27, 2012
Citation: 2012 WY 149

Justia Opinion Summary: Appellant filed a complaint in district court after making an unsuccessful construction bid to the Town of Thayne City Council, claiming (1) a civil rights violation pursuant to 42 U.S.C. 1983, (2) that the Town failed t...

Redland v. Redland  
Date: November 21, 2012
Citation: 2012 WY 148
Docket Number: S-12-0010

Justia Opinion Summary: These consolidated appeals stemmed from the Redland family's dispute over ranch property and operations. Two of the appeals related to real property that some of the Redland children claimed their father, Robert Redland,...

Stallman v. State ex rel. Wyo. Workers' Safety & Comp. Div.  
Date: November 20, 2012
Citations: 2012 WY 147, 288 P.3d 707

Justia Opinion Summary: Appellant was injured in an accident that occurred during the course of her employment. After receiving a permanent partial impairment award from the Wyoming Worker's Compensation Division, Appellant sought permanent par...

Romsa v. State ex rel. Wyo. Dep't of Transp.  
Date: November 20, 2012
Citations: 2012 WY 146, 288 P.3d 695
Docket Number: S-12-0005

Justia Opinion Summary: After being arrested for driving while under the influence, Appellant submitted a request for contested case hearing before the Office of Administrative Hearings (OAH) asking the OAH to rule that the procedure used by th...

Boucher v. State  
Date: November 20, 2012
Citations: 2012 WY 145, 288 P.3d 427
Docket Number: S-12-0045

Justia Opinion Summary: Defendant was convicted on six felony charges involving sexual assault. The district court subsequently sentenced him to consecutive prison sentences totaling thirty to fifty years. The Supreme Court affirmed. Defendant...

Joreski v. State  
Date: November 14, 2012
Citations: 2012 WY 143, 288 P.3d 413
Docket Number: S-12-0066

Justia Opinion Summary: Defendant entered an Alford plea to three counts of first degree sexual abuse of a minor and one count of third degree sexual abuse of a minor. The Alford plea allowed Defendant to enter a guilty plea without allocuting...

Willey v. State ex rel. Wyo. Workers' Safety & Comp. Div.  
Date: November 14, 2012
Citations: 2012 WY 144, 288 P.3d 418
Docket Number: S-12-0081

Justia Opinion Summary: The Wyoming Workers' Safety and Compensation Division issued a final determination awarding Appellant a two percent permanent partial impairment benefit after Appellant was injured in a work-related accident. After a hea...

BOARD OF PROFESSIONAL RESPONSIBILITY, WYOMING STATE BAR v. DION J. CUSTIS, WSB #6-2674
Date: November 7, 2012
Citation: 2012 WY 142
Docket Number: D-12-0008
Bilyeau v. State ex rel. Wyo. Workers' Safety & Comp. Div.  
Date: November 2, 2012
Citations: 2012 WY 141, 287 P.3d 773
Docket Number: S-120051

Justia Opinion Summary: Petitioner was injured in an accident while driving his motorcycle to work. He filed a claim for worker's compensation benefits asserting that his injuries were covered because he sustained them while traveling to work a...

Hough v. City of Cheyenne  
Date: November 1, 2012
Citations: 2012 WY 140, 287 P.3d 761
Docket Number: S-11-0180

Justia Opinion Summary: After Swan Ranch was annexed by the City of Cheyenne in 2009, Appellants, neighbors to the land being annexed, filed a declaratory judgment action against the City alleging that the annexation was invalid under Wyo. Stat...

Hibsman v. Mullen  
Date: October 31, 2012
Citations: 2012 WY 139, 287 P.3d 757
Docket Number: S-12-0036

Justia Opinion Summary: After a hearing, the district court entered an order stating that Appellant concealed, embezzled, conveyed away and/or disposed of monies and other property of John Hibsman, Jr.'s estate and finding prima facie evidence...

Big-D Signature Corp. v. Sterrett Props., LLC  
Date: October 31, 2012
Citations: 2012 WY 138, 288 P.3d 72
Docket Number: S-12-0046

Justia Opinion Summary: This case arose out of a home construction contract between the contractors, Big-D Signature Corporation and two LLCs. Morris Sterrett was the owner of the property on which the home was built. Big-D filed suit against t...

Mickelson v. State  
Date: October 30, 2012
Citations: 2012 WY 137, 287 P.3d 750
Docket Number: S-11-0285

Justia Opinion Summary: After a jury-waived trial, Appellant was convicted for unlawful possession with intent to deliver a controlled substance. Appellant appealed, contending (1) he was denied effective assistance of counsel, and (2) the tria...

Venegas v. State  
Date: October 30, 2012
Citations: 2012 WY 136, 287 P.3d 746
Docket Number: S-12-0025

Justia Opinion Summary: Defendant was charged with a felony DUI, his fourth, after a law enforcement officer was informed that Defendant had been drinking and was about to drive his vehicle. Defendant filed a motion to suppress, claiming that h...

Wyo. Dep't of Env't Quality v. Wyo. Outdoor Council  
Date: October 19, 2012
Citations: 2012 WY 135, 286 P.3d 1045
Docket Number: S-12-0002

Justia Opinion Summary: This appeal involved the issuance by the Wyoming Department of Environmental Qualify (DEQ) of two general permits for the discharge of produced water from coal bed methane operations. A petroleum corporation and oil comp...

Starrett v. State  
Date: October 18, 2012
Citations: 2012 WY 133, 286 P.3d 1033
Docket Number: S-11-0284

Justia Opinion Summary: This appeal presented a question of first impression whether a criminal defendant's judgment of conviction upon his plea of guilt to the felony of third degree sexual abuse of a minor must be set aside and he be permitte...

Talbot v. State ex rel. Workers' Safety & Comp. Div.  
Date: October 18, 2012
Citations: 2012 WY 134, 286 P.3d 1040
Docket Number: S-12-0016

Justia Opinion Summary: Appellant received disability benefits due to a work-related injury. Those benefits were terminated as a result of Appellant's incarceration. Following his release, Appellant applied for reinstatement of the benefits. Al...

In re Adoption of AMP  
Date: October 12, 2012
Citations: 2012 WY 132, 286 P.3d 746

Justia Opinion Summary: Appellant and JLA were the biological parents of AMP. After JLA and JJA began living together, JJA filed a petition in district court seeking to adopt AMP. The petition alleged that Appellant's consent to the adoption wa...

Dimino v. State  
Date: October 5, 2012
Citations: 2012 WY 131, 286 P.3d 739
Docket Number: S-12-0014

Justia Opinion Summary: After conditionally pleading guilty to possession with intent to deliver marijuana, Appellant challenged the district court's denial of his motion to suppress evidence discovered during a search of his vehicle. Appellant...

Smith v. State  
Date: October 5, 2012
Citations: 2012 WY 130, 286 P.3d 429
Docket Number: S-12-0041

Justia Opinion Summary: Appellant entered a plea of no contest to one misdemeanor count of reckless endangerment. He was sentenced to one year in jail and was ordered to pay restitution to the two victims of his crime. On appeal, Appellant clai...

Uinta County v. Pennington  
Date: October 1, 2012
Citations: 2012 WY 129, 286 P.3d 138
Docket Number: S-12-0020

Justia Opinion Summary: Appellee was sexually assaulted by a county detention officer while she was an inmate at the county detention center. Appellee filed claims under the Wyoming Governmental Claims Act against the officer, the county sherif...

Teeples v. Teeples  
Date: September 27, 2012
Citations: 2012 WY 127, 286 P.3d 134
Docket Number: S-12-0007

Justia Opinion Summary: Appellant Donna Teeples was to receive a cash payment from her ex-husband, Neal Teeples, the appellee, as a result of the division of their marital assets pursuant to a divorce. Appellant claimed that the payment, made w...

Deloge v. State  
Date: September 27, 2012
Citation: 2012 WY 128
Docket Number: S-12-0044

Justia Opinion Summary: Appellant pled guilty to six counts of second-degree sexual assault in 2000 and was sentenced to six consecutive life terms. In this appeal, Appellant, acting pro se, challenged the district court's denial of his motion...

Mersereau v. State  
Date: September 26, 2012
Citations: 2012 WY 125, 286 P.3d 97
Docket Number: S-11-0194

Justia Opinion Summary: Appellant was convicted of one count of first-degree sexual abuse of a minor and eight counts of second-degree sexual abuse of a minor. In this appeal, Appellant raised eight issues where he claimed there was an error in...

Shafer v. TNT Well Serv., Inc.  
Date: September 26, 2012
Citations: 2012 WY 126, 285 P.3d 958
Docket Number: S-11-0258

Justia Opinion Summary: Appellant, Rodney Shafer, was injured when his tractor-trailer collided with a pickup owned by Appellee, TNT Well Service, Inc. and driven by Melvin Clyde. Shafer and his wife, Brenda, brought suit against TNT, asserting...

JAMES CREEL and BRENDA CREEL v. L & L INC., A Wyoming Corporation, LEW LEPORE and MIKE LEPORE
Date: September 14, 2012
Citations: 2012 WY 124, 287 P.3d 729
Docket Number: S-11-0138
SHAWN OSBORNE v. THE STATE OF WYOMING
Date: September 13, 2012
Citations: 2012 WY 123, 285 P.3d 248
Docket Number: S-11-0281
BOARD OF PROFESSIONAL RESPONSIBILITY, WYOMING STATE BAR v. MIA MIKESELL SHIFRAR
Date: September 12, 2012
Citations: 2012 WY 122, 286 P.3d 1027
Docket Number: D-12-0005
BOARD OF PROFESSIONAL RESPONSIBILITY, WYOMING STATE BAR v. JODY MONTGOMERY VANNOY, WSB #5-2345
Date: September 12, 2012
Citations: 2012 WY 121, 285 P.3d 247
Docket Number: D-12-0007
JOHN RUSSELL REYNOLDS v. THE STATE OF WYOMING
Date: September 11, 2012
Citations: 2012 WY 120, 284 P.3d 823
Docket Number: S-11-0263
RICHARD DEAN YOUNGBERG v. THE STATE OF WYOMING
Date: September 10, 2012
Citations: 2012 WY 119, 284 P.3d 820
Docket Number: S-11-0202
Broderick v. Wyo Central Fed. Credit Union  
Date: September 5, 2012
Citations: 2012 WY 116, 285 P.3d 941

Justia Opinion Summary: In 2005, the Wyo Central Federal Credit Union (Credit Union) filed an action in state district court against Mark Broderick (Broderick) seeking judgment and foreclosure on a note and mortgage on which Broderick had defau...

Miller v. Wyoming  
Date: August 31, 2012
Citations: 2012 WY 115, 283 P.3d 1153
Docket Number: S-12-0033

Justia Opinion Summary: Ricky D. Miller challenged a hearing examiner's order upholding his per se driver's license suspension. In his only issue, Miller argued that his breath test was invalid because Corporal Karr's (the test administrator) o...

BOARD OF PROFESSIONAL RESPONSIBILITY, WYOMING STATE BAR v. GIBSON SEAN BENHAM, WSB #6-3120
Date: August 30, 2012
Citations: 2012 WY 114, 283 P.3d 1150
Docket Number: D-12-0006
Northwest Building Company, LLC v. Northwest Distributing Co., Inc.  
Date: August 29, 2012
Citations: 2012 WY 113, 285 P.3d 239

Justia Opinion Summary: Northwest Building Company, LLC (Contractor) performed construction services for Northwest Distributing Co., Inc. (Owner) on a Taco John’s/Good Times facility in Gillette, Wyoming. Contractor brought an action against O...

Johnson v. Wyoming  
Date: August 22, 2012
Citations: 2012 WY 112, 283 P.3d 1145

Justia Opinion Summary: Appellant Billie Colleen Johnson was convicted of two counts of delivery of methamphetamine. On appeal, she claimed that the district court abused its discretion when it allowed the Confidential Informant (CI) to testif...

Evans v. Moyer  
Date: August 15, 2012
Citations: 2012 WY 111, 282 P.3d 1203
Docket Number: S-11-0220

Justia Opinion Summary: As a beneficiary of a trust created by her grandfather, Plaintiff-Appellant Courtney Evans brought an action against the trustee, Peter F. Moyer, for an accounting and distribution of income. The district court generall...

Dobbins v. Wyoming  
Date: August 10, 2012
Citation: 2012 WY 110
Docket Number: S-11-0050

Justia Opinion Summary: Pursuant to a plea agreement, Defendant Steve Edward Dobbins pled no contest to one count of sexual assault in the first degree. In this consolidated appeal, Defendant contended that the district court should have permit...

Carter v. Wyoming  
Date: August 9, 2012
Citations: 2012 WY 109, 282 P.3d 167

Justia Opinion Summary: Defendant-Appellant Gary Carter was tried and convicted by a jury of a single felony charge of possessing, with intent to deliver, two grams of methamphetamine. The court sentenced Defendant to twelve to fifteen years in...

KATHERINE WILSON MCDOWELL v. THE STATE OF WYOMING
Date: August 8, 2012
Citations: 2012 WY 108, 281 P.3d 751
Docket Number: S-12-0079
Inman v. Wyoming  
Date: August 7, 2012
Citations: 2012 WY 107, 281 P.3d 745

Justia Opinion Summary: Defendant-Appellant Donald Inman appealed his aggravated assault and battery conviction. Defendant did not deny that he assaulted the victim, but claimed he acted in defense of himself and his family. On appeal, Defenda...

Powell v. Wyoming  
Date: August 7, 2012
Citations: 2012 WY 106, 282 P.3d 163
Docket Number: S-11-0094

Justia Opinion Summary: Appellant Connie Powell worked as a bookkeeper for Rocky Mountain Pump Services (RMPS) from March 2005 to February 2007, when her employment was terminated. After terminating appellant's employment, RMPS contracted with...

Jacobsen v. Wyoming  
Date: August 1, 2012
Citations: 2012 WY 105, 281 P.3d 356

Justia Opinion Summary: A jury found Julie Ann Jacobsen guilty of ten felony counts involving forgery and larceny. She appealed the convictions, claiming her trial counsel was ineffective. She also asks this Court to allow her to supplement th...

Bowers Oil & Gas, Inc. v. DCP Douglas, LLC  
Date: July 31, 2012
Citations: 2012 WY 103, 281 P.3d 734
Docket Number: S-11-0233

Justia Opinion Summary: Bowers Oil and Gas, Inc. (BOG) entered into a Gas Purchase Contract with Kinder Morgan Operating, L.P. (Kinder Morgan), pursuant to which Kinder Morgan agreed to purchase coal bed methane gas from certain of BOG's wells....

Henry v. Borushko  
Date: July 31, 2012
Citations: 2012 WY 104, 281 P.3d 729
Docket Number: S-12-0028

Justia Opinion Summary: Appellants James and Barbara Henry, and Appellees George and Lucille Borushko, own adjoining properties in Fremont County, Wyoming. An irrigation canal separates the properties. In 2009, a dispute developed over the boun...

Cothren v. Wyoming  
Date: July 30, 2012
Citations: 2012 WY 102, 281 P.3d 352
Docket Number: S-11-0240

Justia Opinion Summary: Appellant Jerele Craig Cothren, Jr., was facing four separate sentences from three courts for unrelated crimes. The most recent sentence, and the one upon which this appeal was based, required that Appellant serve his te...

Espinoza v. Dept. of Transp.  
Date: July 25, 2012
Citations: 2012 WY 101, 280 P.3d 1226

Justia Opinion Summary: After stopping Patrick R. Espinoza for failing to maintain a single lane of travel while driving on Interstate 80 (I-80) in Laramie, an Albany County Sheriff's deputy arrested Mr. Espinoza for driving while under the inf...

In re termination of Parental Rights to: KMO, DMO, CMO, AKO, DKO, MTO, ABO, EEO, and JBO  
Date: July 23, 2012
Citations: 2012 WY 99, 280 P.3d 1203
Docket Number: S-11-0224

Justia Opinion Summary: HJO (Mother), the biologic mother of nine minor children, appealed a district court's order following a jury verdict terminating her parental rights. Mother contested the sufficiency of the evidence presented by the Stat...

In re Termination of Parental rights to: KMO, DMO, CMO, and AKO  
Date: July 23, 2012
Citations: 2012 WY 100, 280 P.3d 1216
Docket Number: S-11-0225

Justia Opinion Summary: PRG (Father) appealed a district court's order following a jury verdict terminating his parental rights to his four minor children. Father contended that the district court erred when it refused to use his proposed jury...

Hanson v. Belveal  
Date: July 19, 2012
Citation: 2012 WY 98
Docket Number: S-11-0130

Justia Opinion Summary: In combined appeals that arose from post-divorce proceedings, Appellant Joshua Hanson appealed a district court's order denying his petition to modify the parties' divorce decree which granted Appellee Melanie (Belveal)...

Fix v. South Wilderness Ranch Homeowners Ass'n  
Date: July 12, 2012
Citations: 2012 WY 96, 280 P.3d 527
Docket Number: S-11-0260

Justia Opinion Summary: The South Wilderness Ranch Homeowners Association (HOA) filed an action against William Fix to recover $2,500 in assessments he allegedly owed as a lot owner in the South Wilderness Ranches Subdivision. The HOA also soug...

BOARD OF PROFESSIONAL RESPONSIBILITY, WYOMING STATE BAR v. MIA MIKESELL SHIFRAR
Date: July 3, 2012
Citations: 2012 WY 95, 279 P.3d 546
Docket Number: D-12-0005
Dorman v. Wyoming  
Date: July 3, 2012
Citations: 2012 WY 94, 281 P.3d 342
Docket Number: S-11-0292

Justia Opinion Summary: This appeal arose out of Ryan Dorman's petition for an extension of his worker's compensation temporary total disability (TTD) benefits and for reimbursement of travel expenses incurred in travelling from Idaho to Cheyen...

Claman v. Popp  
Date: June 27, 2012
Citations: 2012 WY 92, 279 P.3d 1003

Justia Opinion Summary: In July 2008, Appellant-Plaintiff Monica Claman purchased a house in Rock Springs, Wyoming, from Appellee-Defendant Jean Popp. In September 2008, Appellant filed an action against Popp based on subsidence-caused defects...

Kidwell v. Wyoming  
Date: June 27, 2012
Citations: 2012 WY 91, 279 P.3d 540
Docket Number: S-11-0238

Justia Opinion Summary: Defendant Kevin Kidwell challenged his convictions for false imprisonment and simple assault. He claims the prosecutor committed misconduct by failing to give prior notice of evidence suggesting he had attempted to pers...

DENNIS J. GROSS v. THE STATE OF WYOMING
Date: June 27, 2012
Citations: 2012 WY 93, 278 P.3d 1165
Docket Number: S-11-0296
Patterson v. Wyoming  
Date: June 26, 2012
Citations: 2012 WY 90, 279 P.3d 535
Docket Number: S-11-0246

Justia Opinion Summary: Defendant Michael Patterson challenged the sentence he was serving on his conviction as an accessory to second degree murder. Defendant was sentenced to a mandatory twenty-year term for his crime. Less than a month later...

Garber v. Wagonhound Livestock & Land Company, LLC  
Date: June 22, 2012
Citation: 2012 WY 89
Docket Number: S-11-0006

Justia Opinion Summary: Applicants Wagonhound Land and Livestock Company, LLC, VenJohn Oil, Inc., and Steven M. VenJohn filed a petition with the Wyoming State Board of Control seeking to change the place of use, point of diversion and means of...

Spreeman v. State  
Date: June 20, 2012
Citations: 2012 WY 88, 278 P.3d 1159
Docket Number: S-11-0237

Justia Opinion Summary: Appellant Kristen Spreeman was convicted of felony driving while under the influence (DWUI) in violation of Wyo. Stat. Ann. 31-5-233(b)(iii)(A) and (e). Appellant appealed, claiming that she did not have three prior qual...

Phelps v. State  
Date: June 19, 2012
Citations: 2012 WY 87, 278 P.3d 1148
Docket Number: S-11-0215

Justia Opinion Summary: A Wyoming Highway Patrol Trooper stopped Bryan Phelps and Justin Fitch for a traffic violation, detained them, conducted a drug dog sniff of their vehicle and, after the dog alerted to the presence of controlled substanc...

Scott v. State  
Date: June 18, 2012
Citations: 2012 WY 86, 278 P.3d 747
Docket Number: S-11-0150

Justia Opinion Summary: A jury convicted Vincent Scott of first degree sexual assault, aggravated assault, and child abuse. Scott appealed, claiming the district court denied his Sixth Amendment right to represent himself at trial and imposed a...

Black Diamond Energy Partners Ltd. v. S&T Bank  
Date: June 15, 2012
Citations: 2012 WY 84, 278 P.3d 738
Docket Number: S-11-0206

Justia Opinion Summary: Black Diamond Energy Partners (BDE Partners) were Nevada limited partnerships which owned interests in coal bed methane wells located in Wyoming. Black Diamond Energy, Inc. (BDE Inc.) was a Wyoming corporation and the ma...

Kuhl v. Wells Fargo Bank, N.A  
Date: June 15, 2012
Citations: 2012 WY 85, 281 P.3d 716
Docket Number: S-11-0221

Justia Opinion Summary: Bill Kuhl brought wrongful termination claims against his former employer, Wells Fargo Bank, asserting claims for breach of an express contract of employment, breach of an implied contract of employment, promissory estop...

Jones v. State  
Date: June 14, 2012
Citations: 2012 WY 82, 278 P.3d 729
Docket Number: S-11-0073

Justia Opinion Summary: After a jury trial, Appellant Charles Jones was convicted of aggravated robbery and first-degree murder. Jones appealed, arguing that the trial judge erroneously instructed the jury, that there was insufficient evidence...

Vance v. State  
Date: June 14, 2012
Citations: 2012 WY 83, 278 P.3d 254
Docket Number: S-11-0275

Justia Opinion Summary: After entering a conditional plea to one count of felony child abuse, Roman Vance reserved his right to challenge the denial of his motion to dismiss, which was premised on grounds of constitutional speedy trial. On appe...

Nicholson v. Dep't of Employment  
Date: June 13, 2012
Citations: 2012 WY 81, 278 P.3d 252
Docket Number: S-12-0117

Justia Opinion Summary: Appellant in this case attempted to challenge an agency decision denying her claim for unemployment benefits. Appellant filed a timely petition for review of agency action pursuant to Wyo. R. App. P. 12 (Rule 12). The di...

Jackman Constr., Inc. v. Town of Baggs  
Date: June 12, 2012
Citations: 2012 WY 80, 278 P.3d 247
Docket Number: S-11-0252

Justia Opinion Summary: Jackman Construction, Inc. was awarded a contract to improve the Town of Baggs' water treatment plant. After the project suffered significant delays, payments were submitted and accepted, and a dispute ensued as to wheth...

KM Upstream, LLC v. Elkhorn Constr., Inc.  
Date: June 6, 2012
Citations: 2012 WY 79, 278 P.3d 711
Docket Number: S-11-0185

Justia Opinion Summary: KM Upstream, LLC and Newpoint, Inc. entered into a contract whereby Newport would construct for KM's amine plant. Newpoint subcontracted with Elkorn Construction, Inc. to build the foundation and perform other work. Elkh...

SL v. CAD  
Date: June 4, 2012
Citations: 2012 WY 78, 278 P.3d 242
Docket Number: S-11-0268

Justia Opinion Summary: Father resisted a petition by Stepfather to adopt Father's three youngest children. The district court approved the adoption over Father's objections. The Supreme Court affirmed, holding that the district court did not e...

Guerrero v. State  
Date: May 31, 2012
Citations: 2012 WY 77, 277 P.3d 735
Docket Number: S-10-0263

Justia Opinion Summary: After a jury trial, Appellant Francis Guerrero was convicted of felony larceny. The district court sentenced Appellant to three to five years of imprisonment. Appellant appealed, claiming the district court erroneously i...

Michael's Constr., Inc. v. Am. Nat'l Bank  
Date: May 31, 2012
Citations: 2012 WY 76, 278 P.3d 701
Docket Number: S-11-0209

Justia Opinion Summary: After the owner of a construction project defaulted on its obligations to various creditors, mortgage holder Pinnacle Bank foreclosed on the real property securing its mortgage. Junior mortgage holder American National B...

Libretti v. State  
Date: May 30, 2012
Citations: 2012 WY 75, 278 P.3d 234
Docket Number: S-11-0243

Justia Opinion Summary: This was an appeal from a forfeiture order entered by the district court against a total of $116,584 and certain items of personal property. The cash and personal property were seized from several individuals because of...

Mitcheson v. Wyoming  
Date: May 25, 2012
Citations: 2012 WY 74, 277 P.3d 725
Docket Number: S-11-0236

Justia Opinion Summary: The Wyoming Workers' Safety and Compensation Division awarded benefits to Appellant Gary Mitcheson after he fell at work and injured his tailbone in July of 2007. Approximately two years later, the Division issued a fina...

MARVIN KENNETH SHUE v. THE STATE OF WYOMING
Date: May 24, 2012
Citations: 2012 WY 73, 277 P.3d 117
Docket Number: S-11-0201
Nodine v. Jackson Hole Mountain Resort Corp.  
Date: May 23, 2012
Citations: 2012 WY 72, 277 P.3d 112
Docket Number: S-11-0265

Justia Opinion Summary: Chrstine Nodine, whose husband was killed by an avalanche on a ski run at Jackson Hole Mountain Resort (JHMR), appealed the district court's summary judgment order dismissing her wrongful death action. The court dismisse...

Counts v. State  
Date: May 22, 2012
Citations: 2012 WY 70, 277 P.3d 94
Docket Number: S-11-0160

Justia Opinion Summary: Defendant Christopher Counts was convicted of aggravated burglary and kidnapping. On appeal, the Supreme Court affirmed, holding (1) any error by the district court in admitting redacted documents and recordings into evi...

Morris v. State ex rel. Workers' Safety & Comp. Div.  
Date: May 22, 2012
Citation: 2012 WY 71
Docket Number: S-11-0167

Justia Opinion Summary: Catherine Morris submitted a worker's compensation claim for permanent total disability (PTD) benefits, and the Wyoming Workers' Safety and Compensation Division denied her claim. The Wyoming Medical Commission upheld th...

Kramer v. State  
Date: May 17, 2012
Citations: 2012 WY 69, 277 P.3d 88
Docket Number: S-11-0043

Justia Opinion Summary: Following a jury trial, Timothy Kramer was convicted of attempted first-degree murder. The Supreme Court affirmed, holding (1) the trial court did not plainly err in instructing the jury on the elements of first-degree m...

DMM v. State  
Date: May 16, 2012
Citation: 2012 WY 68
Docket Number: S-11-0212

Justia Opinion Summary: Appellant was the mother of three children who were taken into protective custody and placed into foster care. The Department of Family Services (DFS) later filed a petition to terminate Appellant's parental rights. Beca...

Baldes v. State  
Date: May 15, 2012
Citation: 2012 WY 67
Docket Number: S-11-0168

Justia Opinion Summary: Alfred Baldes, a certified nursing assistant, was convicted of two counts of third-degree sexual assault after giving a young man who suffered from muscular dystrophy a sponge bath. The Supreme Court affirmed, holding (1...

Preston v. Marathon Oil Co.  
Date: May 10, 2012
Citations: 2012 WY 66, 277 P.3d 81
Docket Number: S-11-0166

Justia Opinion Summary: Soon after Yale Preston was employed by Pennaco Energy, a wholly-owned subsidiary of Marathon Oil Company (collectively referred to as Marathon), Preston signed an employee agreement with a disclosure and assignment of i...

Miller v. Dep't of Health  
Date: May 9, 2012
Citations: 2012 P.3d 1257, 2012 WY 65
Docket Number: S-11-0197

Justia Opinion Summary: After being separately cited and arrested for driving while under the influence of alcohol (DWUI), Ricky Miller and Christopher Gonzalez (Petitioners) petitioned the district court for review of agency inaction by the Wy...

Wallace v. Pinnacle Bank - Wyo.  
Date: May 4, 2012
Citations: 2012 WY 64, 275 P.3d 1250
Docket Number: S-11-0230

Justia Opinion Summary: Earl and Nawana Wallace (the Senior Wallaces) borrowed $15,789 from Pinnacle Bank - Wyoming to finance a vehicle the Senior Wallaces purchased for their son and his wife (the Junior Wallaces). The collateral for the loan...

Jones v. Artery  
Date: May 1, 2012
Citations: 2012 WY 63, 275 P.3d 1244
Docket Number: S-11-0173

Justia Opinion Summary: Dan Artery was attacked by three Boston terriers that were under the care of Frank Jones and Amy Bates. Artery brought an action against Jones and Bates for injures he sustained during the attack. During trial, Jones adm...

Beckwith v. Weber  
Date: April 25, 2012
Citations: 2012 WY 62, 277 P.3d 713
Docket Number: S-11-0101

Justia Opinion Summary: These consolidated appeals arose from a judgment on jury verdict in a case involving personal injuries suffered by Appellant Marcia Beckwith. Beckwith fell from a horse while on a trail ride operated by the Gros Ventre R...

Clark v. State  
Date: April 19, 2012
Citations: 2012 WY 61, 275 P.3d 488
Docket Number: S-11-0123

Justia Opinion Summary: Pursuant to a plea agreement, Christina Clark pled guilty to two counts of third degree sexual abuse of a minor. The district court sentenced her to two concurrent terms of six to ten years in prison. Clark appealed from...

Shaw Constr., LLC v. Rocky Mountain Hardware, Inc.  
Date: April 18, 2012
Citations: 2012 WY 60, 275 P.3d 1238
Docket Number: S-11-0171

Justia Opinion Summary: In 2003, Shaw Construction obtained a line of credit from Rocky Mountain Hardware (RMH). Over the years, RMH supplied hardware for several jobs on which Shaw was the general contractor. In 2007, Shaw began work on a proj...

Dave v. Valdez  
Date: April 13, 2012
Citations: 2012 WY 59, 275 P.3d 485
Docket Number: S-11-0231

Justia Opinion Summary: Appellant Chip Dave purchased a car on eBay. Before he took possession of the vehicle, the seller sold it to another buyer, Appellee Bill Valdez. Appellant filed a complaint against Appellee citing a number of causes of...

Poitra v. State  
Date: April 12, 2012
Citations: 2012 WY 58, 275 P.3d 478
Docket Number: S-11-0085

Justia Opinion Summary: Dennis Poitra and two other assailants were involved in the armed robbery of a residence that ended in the killing of a seventy-six-year-old. A jury convicted Poitra of felony murder, aggravated burglary, and conspiracy...

Remmick v. State  
Date: April 11, 2012
Citations: 2012 WY 57, 275 P.3d 467
Docket Number: S-11-0015

Justia Opinion Summary: Appellant Hailey Remmick was convicted of six counts of receiving stolen property and one count of conspiracy to commit larceny by a bailee. Remmick appealed, claiming that pre-charging delay deprived her of due process...

Sutherland v. Meridian Granite Co.  
Date: April 11, 2012
Citations: 2012 WY 53, 273 P.3d 1092
Docket Number: S-11-0091

Justia Opinion Summary: John and Minerva Sutherland entered into a mining lease granting Meridian Granite Company the right to conduct mining operations on the Sutherlands' property. A dispute developed between the Sutherlands and Meridian rega...

Jackson v. State  
Date: April 11, 2012
Citations: 2012 WY 56, 273 P.3d 1105
Docket Number: S-11-0145

Justia Opinion Summary: Victor Jackson pled guilty to one count of third degree sexual assault in exchange for the state's agreement to request probation. The district court placed him on supervised probation for five years. Six months later, t...

Mercer v. State  
Date: April 11, 2012
Citations: 2012 WY 54, 273 P.3d 1100
Docket Number: S-11-0204

Justia Opinion Summary: Pursuant to a plea agreement, David Mercer pleaded no contest to three felony counts of sexual abuse of a minor. After he was sentenced, Mercer appealed, asserting that the State breached its plea agreement at sentencing...

Mullinax Concrete Serv. v. Zowada  
Date: April 11, 2012
Citations: 2012 WY 55, 275 P.3d 474
Docket Number: S-11-0213

Justia Opinion Summary: This case concerned a petition for the establishment of a private road filed by Merlin and Lori Zowada. In the first appeal, the Supreme Court remanded the case to the district court for further remand to the county boar...

BERTHEL LAND AND LIVESTOCK, A WYOMING LIMITED PARTNERSHIP v. ROCKIES EXPRESS PIPELINE LLC fka ENTREGA GAS PIPELINE LLC, and KINDER MORGAN NATGAS OPERATOR LLC, both organized under the law of Delaware. ROCKIES EXPRESS PIPELINE LLC fka ENTREGA GAS PIPELINE LLC, and KINDER MORGAN NATGAS OPERATOR LLC, both organized under the laws of Delaware v. BERTHEL LAND AND LIVESTOCK, A WYOMING LIMITED PARTNERSHIP
Date: April 10, 2012
Citations: 2012 WY 52, 275 P.3d 423
Docket Numbers: S-10-0227, S-10-0228
Operation Save America v. City of Jackson  
Date: April 10, 2012
Citations: 2012 WY 51, 275 P.3d 438
Docket Number: S-11-0149

Justia Opinion Summary: The Town of Jackson applied to the district court for an ex parte temporary restraining order (TRO) against Operation Save America (OSA), an anti-abortion protest group. The Town sought to restrict OSA's demonstration ac...

Ecosystem Res., L.C. v. Broadbent Land & Res., LLC  
Date: April 5, 2012
Citations: 2012 WY 49, 275 P.3d 413

Justia Opinion Summary: This case involved a dispute between a surface owner and a timber estate owner. In the first appeal, the Supreme Court reversed a judgment on the pleadings in favor of the surface owner and remanded for proceedings to ex...

Maier v. State  
Date: April 5, 2012
Citations: 2012 WY 50, 273 P.3d 1084
Docket Number: S-11-0070

Justia Opinion Summary: Appellant Miachel Maier was convicted of first-degree and attempted first-degree sexual assault. Appellant appealed, arguing (1) he was prejudiced by the admission of hearsay testimony and by prosecutorial misconduct in...

Laramie County Sheriff's Dep't v. Cook  
Date: March 28, 2012
Citations: 2012 WY 47, 273 P.3d 966
Docket Number: S-11-0152

Justia Opinion Summary: Kenneth Cook was terminated from his employment as a sheriff department deputy for violating department policies related to report writing and firearms security. Cook requested a contested case hearing before the sheriff...

World Family Corp v. Windjammer Commc'ns, LLC  
Date: March 28, 2012
Citations: 2012 WY 48, 273 P.3d 1078
Docket Number: S-11-0165

Justia Opinion Summary: Morrow Global (Morrow) filed suit against a Uinta County school district (District) and Windjammer Communications (Windjammer) that (1) sought a declaration that Morrow was a co-owner with the District of a conduit locat...

Carnahan v. Lewis  
Date: March 27, 2012
Citations: 2012 WY 45, 273 P.3d 1065
Docket Number: S-11-0122

Justia Opinion Summary: Rex and Vickie Lewis and Brad and Brenda Carnahan owned property in a subdivision. The Lewises filed a complaint seeking a declaration that the Carnahans did not have authority to block their use of a public easement to...

Mendenhall v. Mountain W. Farm Bureau Mut. Ins. Co.  
Date: March 27, 2012
Citations: 2012 WY 46, 274 P.3d 407
Docket Number: S-11-0189

Justia Opinion Summary: Appellant was injured when she was involved in a motor vehicle accident. The other vehicle involved in the accident, a truck, was listed on two different insurance policies: an Allstate policy issued to Jeremy Lucas and...

Mebane v. State  
Date: March 21, 2012
Citation: 2012 WY 43
Docket Number: S-11-0196

Justia Opinion Summary: Appellant Chad Mebane was convicted of possession of methamphetamine and two counts of delivery of methamphetamine. Mebane appealed, arguing that the trial court erred by failing to advise him before he testified that he...

BUD COREY MORRISON v. THE STATE OF WYOMING
Date: March 20, 2012
Citation: 2012 WY 41
Docket Number: S-11-0203
Berg v. Torrington Livestock Cattle Co.  
Date: March 20, 2012
Citations: 2012 WY 42, 272 P.3d 963
Docket Number: S-11-0229

Justia Opinion Summary: This was the second of two related lawsuits filed by Torrington Livestock Cattle Company (TLCC) against Daren and Jennifer Berg. In the first suit, Daren was found liable for breach of contract, conversion, and fraud. Th...

Dax v. State  
Date: March 19, 2012
Citation: 2012 WY 40
Docket Number: S-11-0182

Justia Opinion Summary: Joseph Dax faced state and federal criminal charges arising from a burglary that involved theft of firearms. After the federal court imposed sentence, Dax was transferred to state custody. Thereafter the state imposed se...

Smallfoot v. State  
Date: March 16, 2012
Citation: 2012 WY 39
Docket Number: S-11-0192

Justia Opinion Summary: Appellant Jimmy Dean Smallfoot entered a conditional guilty plea to a charge of possession with intent to deliver a controlled substance. Smallfoot reserved the right to appeal the district court's denial of his motion t...

Beall v. Sky Blue Enters., Inc.  
Date: March 14, 2012
Citations: 2012 WY 38, 271 P.3d 1022
Docket Number: S-11-0162

Justia Opinion Summary: Appellant Michael Beall received preauthorization from the Wyoming Workers' Safety and Compensation Division for an orchiectomy, a procedure to remove his left testicle, which he claimed was related to a workplace injury...

Silva v. State  
Date: March 12, 2012
Citations: 2012 WY 37, 271 P.3d 433
Docket Number: S-11-0124

Justia Opinion Summary: Following a jury trial, Appellant Lawrence Silva was convicted for aggravated burglary and attempt to commit kidnapping. The district court sentenced Appellant to imprisonment for twelve to fifteen years on each count to...

Bedessem v. Cunningham  
Date: March 9, 2012
Citation: 2012 WY 36
Docket Number: S-11-0127

Justia Opinion Summary: Majorie Bedessem, as trustee of her revocable trust, filed a complaint against David and Susan Cunningham, seeking enforcement of an easement across the Cunningham property to access the Bedessem property. Bedessem claim...

James v. State  
Date: March 9, 2012
Citations: 2012 WY 35, 271 P.3d 1016
Docket Number: S-11-0158

Justia Opinion Summary: Gary James was convicted of two counts of aggravated assault and battery and two counts of driving under the influence with serious bodily injury. The district court imposed four consecutive terms of eight to ten years o...

Moronese v. State  
Date: March 8, 2012
Citations: 2012 WY 34, 271 P.3d 1011
Docket Number: S-11-0183

Justia Opinion Summary: Appellant received a sentence of twenty to twenty-two years imprisonment for a crime punishable by a term of twenty years to life. More than four years after starting his sentence, Appellant filed a motion to correct an...

Michaels v. State ex rel. Dep't of Transp.  
Date: March 6, 2012
Citations: 2012 WY 33, 271 P.3d 1003
Docket Number: S-11-0156

Justia Opinion Summary: Brady Michaels was arrested for driving while under the influence of alcohol. The Department of Transportation (the State) notified him that it was suspending his driver's license for ninety days. The Office of administr...

McMasters v. State ex rel. Workers' Safety & Comp. Div.  
Date: March 2, 2012
Citations: 2012 WY 32, 271 P.3d 422
Docket Number: S-11-0107

Justia Opinion Summary: Jimmie McMasters was working as an HVAC journeyman when he fell from a beam to a concrete floor and suffered an injury. McMasters applied for permanent total disability benefits claiming a total disability. The Wyoming W...

Universal Drilling Co., LLC v. R & R Rig Serv., LLC  
Date: March 1, 2012
Citations: 2012 WY 31, 271 P.3d 987
Docket Number: S-11-0079

Justia Opinion Summary: R & R Rig Service moved Universal Drilling Company's drilling rig under a time and materials contract. Universal refused to pay R & R's invoice, claiming that it should only have to pay the amount it paid to have the rig...

BOARD OF PROFESSIONAL RESPONSIBILITY, WYOMING STATE BAR v. JACK R. VREELAND
Date: February 29, 2012
Citations: 2012 WY 30, 272 P.3d 960
Docket Number: D-12-0004
M.S.H. v. A.L.H.  
Date: February 29, 2012
Citations: 2012 WY 29, 271 P.3d 983
Docket Number: S-11-0179

Justia Opinion Summary: The district court terminated Father's parental rights to his three children after finding by clear and convincing evidence that he was incarcerated for a felony conviction and was unfit to have the custody and control o...

BOARD OF PROFESSIONAL RESPONSIBILITY, WYOMING STATE BAR v. ROBERT WILLIS INGRAM, WSB Attorney No. 6-3831
Date: February 23, 2012
Citations: 2012 WY 27, 272 P.3d 944
Docket Number: D-10-0003
BOARD OF PROFESSIONAL RESPONSIBILITY, WYOMING STATE BAR v. MARY M. DUNN
Date: February 23, 2012
Citations: 2012 WY 25, 272 P.3d 941
Docket Number: D-12-0002
BOARD OF PROFESSIONAL RESPONSIBILITY, WYOMING STATE BAR, V. JEFFERY C. METLER
Date: February 23, 2012
Citations: 2012 WY 26, 273 P.3d 507
Docket Number: D-12-0003
Redco Constr. v. Profile Props., LLC  
Date: February 23, 2012
Citations: 2012 WY 24, 271 P.3d 408
Docket Number: S-10-0255

Justia Opinion Summary: Landlord leased commercial real property to Tenant. Landlord granted Tenant permission to renovate the property on the condition that Tenant would pay for the renovations. Tenant thereafter contracted with Contractor to...

Rosty v. Skaj  
Date: February 23, 2012
Citations: 2012 WY 28, 272 P.3d 947
Docket Number: S-11-0063

Justia Opinion Summary: Appellees, Shari and Steve Skaj, brought suit against Appellant Vincent Rosty to recover damages caused when an idling dump truck that had been driven by Appellant was knocked into gear, pinning Shari against a motor hom...

State v. Holohan  
Date: February 22, 2012
Citations: 2012 WY 23, 270 P.3d 693
Docket Number: S-11-0078

Justia Opinion Summary: After initiating a traffic stop, a highway patrol trooper found marijuana in Jason Holohan's vehicle. Holohan was charged with two counts of possession of a controlled substance with intent to deliver. Holohan filed a mo...

Broderick v. Dairyland Ins. Co.  
Date: February 16, 2012
Citations: 2012 WY 22, 270 P.3d 684
Docket Number: S-11-0096

Justia Opinion Summary: Appellant was physically injured as a result of an accident caused by an underinsured motorist. Prior to the accident, Appellant purchased a Dairyland Insurance Policy through his insurance agent, Jonathan Schrack. Altho...

Whitney Holding Corp. v. Terry  
Date: February 14, 2012
Citations: 2012 WY 21, 270 P.3d 662
Docket Number: S-11-0075

Justia Opinion Summary: Appellant, Whitney Holding Corporation, challenged a decision of the district court quieting title in a certain mineral estate in favor of Appellees, Clarence and Peggy Terry. The Supreme Court affirmed, holding (1) the...

Russell v. Kellersman  
Date: February 14, 2012
Citations: 2012 WY 20, 270 P.3d 684
Docket Number: S-11-0128

Justia Opinion Summary: Decedent died, leaving a house. A developer who claimed to have purchased the property from Decedent's daughter filed a petition for probate without administration of an alleged will of Decedent. Decedent's neighbors fil...

Peterson v. State  
Date: February 9, 2012
Citations: 2012 WY 17, 270 P.3d 648
Docket Number: S-10-0140

Justia Opinion Summary: After a jury trial, Appellant Carl Peterson was convicted of second degree sexual abuse of a minor and soliciting a minor to engage in sexual relations. Peterson appealed, raising multiple allegations of ineffective assi...

Snow v. State  
Date: February 9, 2012
Citation: 2012 WY 18
Docket Number: S-11-0031

Justia Opinion Summary: Appellant Roger Snow was convicted of felony burglary and a related misdemeanor. Snow appealed, contending that the district court erred when it denied his request for a new attorney and that he received ineffective assi...

Bear Cloud v. State  
Date: February 9, 2012
Citations: 2012 WY 16, 275 P.3d 377
Docket Number: S-11-0102

Justia Opinion Summary: Appellant Wyatt Bear Cloud and two co-defendants were involved in an armed burglary of a residence in which one of Bear Cloud's co-defendants shot and killed one of the home's residents. Bear Cloud, who was sixteen years...

Sinclair v. City of Gillette  
Date: February 9, 2012
Citations: 2012 WY 19, 270 P.3d 644
Docket Number: S-11-0164

Justia Opinion Summary: Randall and Carmen Sinclair brought an action against the City of Gillette asserting three claims for relief, including a claim for damages under the Wyoming Governmental Claims Act. The Act provides broad governmental i...

Schreibvogel v. State  
Date: February 7, 2012
Citations: 2012 WY 15, 269 P.3d 1098
Docket Number: S-11-0172

Justia Opinion Summary: Appellant was convicted of first-degree sexual assault and robbery. After losing his appeal, Appellant filed a verified petition for post-conviction relief, alleging that his appellate counsel was ineffective. The distri...

Owens v. State  
Date: February 6, 2012
Citations: 2012 WY 14, 269 P.3d 1093

Justia Opinion Summary: A police officer was presented with an emergency situation when, upon entering Appellant Joseph Owens' motel room, he found Appellant convulsing on the floor. The officer subsequently searched Appellant's backpack and th...

Brock v. State  
Date: February 6, 2012
Citations: 2012 WY 13, 272 P.3d 933
Docket Number: S-11-0108

Justia Opinion Summary: Appellant Derrick Brock, the assistant manager at a restaurant, failed to deposit the restaurant's previous two day earnings at the bank, and afterwards, never returned to work. Following a jury trial, Appellant Derrick...

Shepherd of the Valley Care Ctr. v. Fulmer  
Date: February 2, 2012
Citations: 2012 WY 12, 269 P.3d 432
Docket Number: S-10-0236

Justia Opinion Summary: Rebecca Fulmer suffered injuries on two separate dates while working as a nursing assistant at Shepherd of the Valley Care Center. Fulmer submitted worker's compensation claims for both injuries, and the Workers' Safety...

BOARD OF PROFESSIONAL RESPONSIBILITY, WYOMING STATE BAR v. DON FRANKLIN SHREVE, JR.
Date: February 1, 2012
Citations: 2012 WY 11, 269 P.3d 431
Docket Number: D-12-0001
Lovato v. State  
Date: January 31, 2012
Citations: 2012 WY 10, 269 P.3d 426
Docket Number: S-11-0104

Justia Opinion Summary: Appellant, Andy Lovato, entered a conditional guilty plea to one count of possession of methamphetamine. Appellant appealed, claiming the district court incorrectly concluded that his right to be free from unreasonable s...

Schaeffer v. State  
Date: January 20, 2012
Citations: 2012 WY 9, 268 P.3d 1045
Docket Number: S-11-0060

Justia Opinion Summary: Appellant Timothy Shaeffer was convicted of aggravated assault and battery after he waved around a flare gun during an altercation at a bar. On appeal, Appellant claimed he was subject to numerous errors, which affected...

Thorkildsen v. Belden  
Date: January 20, 2012
Citations: 2012 WY 8, 269 P.3d 421
Docket Number: S-11-0146

Justia Opinion Summary: This case began in 2004 when Margo Belden and Fish Creek Designs, LLC filed suit against John Thorkildsen, claiming a breach of the LLC agreement and that Thorkildsen and his wife owned Fish Creek for payments it made on...

Schlinger v. McGhee  
Date: January 18, 2012
Citations: 2012 WY 7, 268 P.3d 264
Docket Number: S-10-0185

Justia Opinion Summary: James Schlinger owned and operated Curtis Excavation and WW Construction. Schlinger, acting as president of WW Construction, entered into an oral agreement to lease his business and all associated equipment and land to C...

Davenport v. State ex rel. Workers' Safety & Comp. Div.  
Date: January 12, 2012
Citations: 2012 WY 6, 268 P.3d 1038
Docket Number: S-11-0121

Justia Opinion Summary: In 2008-2009, Scott Davenport sought worker's compensation benefits for medical care and surgery to fuse vertebrae in his lumbar spine. The Workers' Safety and Compensation Division denied benefits on the basis that Dave...

Hirshberg v. Coon  
Date: January 10, 2012
Citations: 2012 WY 5, 268 P.3d 258
Docket Number: S-11-0113

Justia Opinion Summary: In 2008, the Teton County Commission approved a parcel boundary adjustment application regarding certain real property located in Teton County. Appellees, several individuals, sought judicial review of the Commission's d...

BOARD OF PROFESSIONAL RESPONSIBILITY, WYOMING STATE BAR v. D. STEPHEN MELCHIOR, WSB 5-2885
Date: January 6, 2012
Citations: 2012 WY 4, 269 P.3d 1088
Docket Number: D-11-0005
Kruger v. State  
Date: January 5, 2012
Citations: 2012 WY 2, 268 P.3d 248
Docket Number: S-11-0133

Justia Opinion Summary: Steven Kruger pled guilty to felony child abuse. At the scheduled sentencing Kruger sought to withdraw the guilty plea. The district court denied the motion. The Supreme Court affirmed the district court's denial of Krug...

Castillo v. State  
Date: January 5, 2012
Citations: 2012 WY 3, 268 P.3d 245
Docket Number: S-11-0157

Justia Opinion Summary: Appellant pled guilty to one count of interference with a police officer. The district court sentenced Appellant to three to six years incarceration. The prison sentence was suspended pursuant to the split sentencing pro...

Walker v. State  
Date: January 4, 2012
Citations: 2012 WY 1, 267 P.3d 1107
Docket Number: S-11-0103

Justia Opinion Summary: Appellant David Walker was convicted of felony stalking as a result of an encounter with his ex-wife in violation of a permanent order of protection. A conviction for stalking required proof beyond a reasonable doubt tha...

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