Wyoming Supreme Court Decisions 2012
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,…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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,…
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…
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…
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…
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…
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…
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,…
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…
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…
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…
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…
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…
Date: November 7, 2012
Citation: 2012 WY 142
Docket Number: D-12-0008
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…
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.…
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…
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…
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…
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…
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…
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…
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.…
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…
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…
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…
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…
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…
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…
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…
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…
Date: September 14, 2012
Citations: 2012 WY 124, 287 P.3d 729
Docket Number: S-11-0138
Date: September 13, 2012
Citations: 2012 WY 123, 285 P.3d 248
Docket Number: S-11-0281
Date: September 12, 2012
Citations: 2012 WY 122, 286 P.3d 1027
Docket Number: D-12-0005
Date: September 12, 2012
Citations: 2012 WY 121, 285 P.3d 247
Docket Number: D-12-0007
Date: September 11, 2012
Citations: 2012 WY 120, 284 P.3d 823
Docket Number: S-11-0263
Date: September 10, 2012
Citations: 2012 WY 119, 284 P.3d 820
Docket Number: S-11-0202
Date: September 7, 2012
Citations: 2012 WY 118, 285 P.3d 949
Docket Numbers: S-11-0218, S-11-0219
Date: September 7, 2012
Citations: 2012 WY 117, 284 P.3d 815
Docket Number: S-12-0001
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…
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)…
Date: August 30, 2012
Citations: 2012 WY 114, 283 P.3d 1150
Docket Number: D-12-0006
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…
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…
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…
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…
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…
Date: August 8, 2012
Citations: 2012 WY 108, 281 P.3d 751
Docket Number: S-12-0079
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,…
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…
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…
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.…
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…
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…
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…
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…
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…
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)…
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…
Date: July 3, 2012
Citations: 2012 WY 95, 279 P.3d 546
Docket Number: D-12-0005
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…
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…
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…
Date: June 27, 2012
Citations: 2012 WY 93, 278 P.3d 1165
Docket Number: S-11-0296
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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.…
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…
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…
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…
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…
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…
Date: May 24, 2012
Citations: 2012 WY 73, 277 P.3d 117
Docket Number: S-11-0201
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…
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…
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…
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…
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.…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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,…
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…
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…
Date: April 10, 2012
Citations: 2012 WY 52, 275 P.3d 423
Docket Numbers: S-10-0227, S-10-0228
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…
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…
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…
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…
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…
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…
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…
Date: March 23, 2012
Citations: 2012 WY 44, 274 P.3d 405
Docket Number: J-12-0001
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…
Date: March 20, 2012
Citation: 2012 WY 41
Docket Number: S-11-0203
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.…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
Date: February 29, 2012
Citations: 2012 WY 30, 272 P.3d 960
Docket Number: D-12-0004
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…
Date: February 23, 2012
Citations: 2012 WY 27, 272 P.3d 944
Docket Number: D-10-0003
Date: February 23, 2012
Citations: 2012 WY 25, 272 P.3d 941
Docket Number: D-12-0002
Date: February 23, 2012
Citations: 2012 WY 26, 273 P.3d 507
Docket Number: D-12-0003
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…
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…
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…
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.…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
Date: February 1, 2012
Citations: 2012 WY 11, 269 P.3d 431
Docket Number: D-12-0001
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…
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…
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…
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…
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…
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…
Date: January 6, 2012
Citations: 2012 WY 4, 269 P.3d 1088
Docket Number: D-11-0005
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…
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…
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…
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