Wyoming Supreme Court Decisions 2014
Date: December 30, 2014
Citation: 2014 WY 169
Docket Number: S-14-0170
Justia Opinion Summary: Appellants, property owners in Ryan Park and members of the Ryan Park Property and Homeowners Association, commenced an action claiming that the Association had unlawfully denied their requests to inspect and copy…
Date: December 23, 2014
Citation: 2014 WY 168
Docket Number: S-14-0073
Justia Opinion Summary: Defendant pleaded guilty to a third or subsequent offense of possession of a controlled substance, a felony, and misdemeanor driving while under the influence. The Supreme Court affirmed, holding that the district court…
Date: December 22, 2014
Citation: 2014 WY 166
Docket Number: S-14-0061
Justia Opinion Summary: Plaintiffs, individually and on behalf of their children, filed a complaint against Defendants, alleging injury resulting from their rental of a house containing black mold. Defendants made an offer of settlement…
Date: December 22, 2014
Citation: 2014 WY 167
Docket Number: S-14-0070
Justia Opinion Summary: Plaintiff-tenants filed a complaint against Defendant-landlords alleging injures from carbon monoxide poisoning caused by a gas stove on property Plaintiffs rented from Defendants. Defendants made an offer of settlement…
Date: December 17, 2014
Citation: 2014 WY 165
Docket Number: S-14-0085
Justia Opinion Summary: Mother and Father divorced in 2007, and Mother was awarded primary residential custody of the parties’ child subject to Father’s visitation. In 2013, Father filed a motion requesting that the district court enter…
Date: December 17, 2014
Citation: 2014 WY 163
Docket Number: S-14-0203
Date: December 17, 2014
Citation: 2014 WY 164
Docket Number: S-14-0214
Date: December 16, 2014
Citation: 2014 WY 162
Docket Number: S-14-0068
Justia Opinion Summary: In 2011, Ted Price, as Trustee of the Price Family Trust, filed an application for the establishment of a private road asserting that his property had no outlet to or connection with a public road. The Crook County Board…
Date: December 15, 2014
Citation: 2014 WY 161
Docket Number: S-14-0096
Justia Opinion Summary: In 2004, after Mother filed a complaint for divorce, Mother and Father entered into a property settlement and child custody agreement. Due to Mother’s problems with alcohol, Father was later granted primary residential…
Date: December 11, 2014
Citation: 2014 WY 160
Docket Number: S-14-0074
Justia Opinion Summary: Petitioner was arrested for driving while under the influence of alcohol. Petitioner initially refused to take a breath test until the arresting highway patrol trooper said that a search warrant would be obtained and…
Date: December 10, 2014
Citation: 2014 WY 159
Docket Numbers: S-14-0005, S-14-0004
Justia Opinion Summary: Philippe Lajaunie and Daren Singer were owners and co-managers of Beartooth Mountain Springs, LLC. Lajaunie sued Singer, claiming that Singer had breached his fiduciary duties as a manager and member of Beartooth. Singer…
Date: December 9, 2014
Citation: 2014 WY 157
Docket Number: S-14-0081
Justia Opinion Summary: Pursuant to a plea agreement, Defendant pleaded no contest to second degree sexual abuse. Defendant was previously convicted of a similar offense and specifically acknowledged in the plea agreement that the sentence for…
Date: December 9, 2014
Citation: 2014 WY 158
Docket Number: S-14-0094
Justia Opinion Summary: After a jury trial, Defendant was found guilty of felony stalking for stalking his estranged wife in violation of a protection order. The district court sentenced Defendant to a term of incarceration of nine to ten…
Date: December 8, 2014
Citation: 2014 WY 156
Docket Number: S-14-0049
Justia Opinion Summary: Appellant was charged with four drug-related felonies. Appellant filed a motion and an amended motion to suppress the evidence police officers obtained against him in a search of Appellant’s apartment. The district court…
Date: December 3, 2014
Citation: 2014 WY 154
Docket Number: D-14-0009
Date: December 3, 2014
Citation: 2014 WY 155
Docket Number: S-14-0037
Justia Opinion Summary: Appellant was convicted of aggravated burglary and attempted kidnapping. The district court sentenced Appellant to twelve to fifteen years imprisonment on each conviction, the two sentences to run concurrently. The…
Date: December 2, 2014
Citation: 2014 WY 152
Docket Number: S-14-0066
Justia Opinion Summary: The case centered around Appellant’s claim that he was the actual and presumptive father of a ten-year-old child. The district court granted the Mother’s petition to establish that Appellant was not the child’s father.…
Date: December 2, 2014
Citation: 2014 WY 153
Docket Number: S-14-0076
Justia Opinion Summary: In October 2010, Appellant slipped and fell down a flight of stairs outside of her workplace. In January 2011, Appellant was diagnosed with avascular necrosis (AVN) in the femoral head of her right hip. Eventually, the…
Date: November 26, 2014
Citation: 2014 WY 151
Docket Number: S-14-0131
Justia Opinion Summary: In 2011, after a jury trial, Defendant was convicted of aggravated burglary and kidnapping and found to be a habitual criminal. The district court sentenced Defendant to two concurrent life sentences. The Supreme Court…
Date: November 19, 2014
Citation: 2014 WY 149
Docket Number: D-12-0001
Date: November 19, 2014
Citation: 2014 WY 150
Docket Number: D-14-0008
Date: November 19, 2014
Citation: 2014 WY 148
Docket Number: S-14-0113
Justia Opinion Summary: Appellant, a juvenile, was convicted and sentenced. The Supreme Court reversed Appellant’s sentence, instructing that, if a sentence of life according to law was imposed, the district court must specify a period of…
Date: November 18, 2014
Citation: 2014 WY 147
Docket Number: S-14-0060
Justia Opinion Summary: Sister filed a negligence action against Brother for injuries she sustained in a single-vehicle accident that occurred in Montana. Brother moved for summary judgment, contending that because the accident occurred in…
Date: November 14, 2014
Citation: 2014 WY 146
Docket Number: S-13-0043
Justia Opinion Summary: Twelve-year-old J.K. underwent an appendectomy performed by Appellee, but complications arose requiring additional surgery and medical treatment. Appellants, on behalf of J.K., filed a medical malpractice claim against…
Date: November 10, 2014
Citation: 2014 WY 145
Docket Numbers: S-13-0232, S-13-0233, S-13-0234
Justia Opinion Summary: Jeffrey Irene was injured after being struck by a vehicle driven by Douglas Downs. Downs had been arrested for driving while under the influence of alcohol two hours before the incident, but Eric Overlie, a licensed bail…
Date: November 7, 2014
Citation: 2014 WY 144
Docket Number: S-14-0036
Justia Opinion Summary: Western Ecosystems Technology, Inc. (Western) and GreenHunter Wind Energy, LLC entered into a contract whereby Western provided the LLC consulting services. When the LLC paid nothing for Western’s services, Western…
Date: November 7, 2014
Citation: 2014 WY 143
Docket Number: S-14-0089
Justia Opinion Summary: The State filed a petition to terminate Mother’s parental rights to her two children pursuant to Wyo. Stat. Ann. 14-2-309(a)(iii) and 14-2-309(a)(v). After a trial, the district court determined that the State had proven…
Date: November 6, 2014
Citation: 2014 WY 142
Docket Numbers: S-13-0239, S-14-0053
Justia Opinion Summary: Disagreements as to the operation of a family ranch led to this partition action. The district court found that the parties were entitled to partition and ordered the construction of a new ditch to carry the water…
Date: November 5, 2014
Citation: 2014 WY 141
Docket Numbers: S-13-0069, S-14-0080
Justia Opinion Summary: Appellant, an inmate, entered a plea of nolo contendere to the charge of escape. Appellant appealed that decision and subsequently filed a motion to correct an illegal sentence. The essence of Appellant’s arguments was…
Date: November 5, 2014
Citation: 2014 WY 140
Docket Number: S-14-0075
Justia Opinion Summary: Pursuant to a plea agreement, Appellant pleaded guilty to three counts of larceny. The plea agreement provided that Appellant would pay restitution in amounts to be determined by the district court. After a sentencing…
Date: November 5, 2014
Citation: 2014 WY 139
Docket Number: S-14-0077
Justia Opinion Summary: Pursuant to a plea agreement, Appellant pled guilty to two misdemeanor counts of sexual battery. The district court sentenced Appellant to the maximum penalty of two consecutive one-year terms of incarceration with a…
Date: November 4, 2014
Citation: 2014 WY 137
Docket Number: s-14-0056
Justia Opinion Summary: In 1997, Appellant pleaded guilty to one count of second degree murder. In 2013, Appellant filed a pro se “Motion for Withdrawal of Plea, and/or Correction/Reduction of an Illegal Sentence.” The district court granted in…
Date: November 4, 2014
Citation: 2014 WY 138
Docket Number: S-14-0078
Justia Opinion Summary: After a bench trial, Defendant was found guilty of one count of aggravated assault and battery for threatening to use a drawn deadly weapon against his ex-girlfriend. Defendant appealed, arguing that the State presented…
Date: October 31, 2014
Citation: 2014 WY 136
Docket Number: S-13-0230
Justia Opinion Summary: After a jury trial, Appellant was convicted of second degree murder. On appeal, Appellant argued, among other things, that the district court erred in instructing the jury on the malicious intent element of second-degree…
Date: October 30, 2014
Citation: 2014 WY 135
Docket Number: S-14-0071
Justia Opinion Summary: Appellant, an inmate serving a sentence of life imprisonment, filed a 42 U.S.C. 1983 civil rights action against Appellees, three employees of the Wyoming Department of Corrections, alleging that Appellees violated his…
Date: October 29, 2014
Citation: 2014 WY 134
Docket Number: D-14-0002
Date: October 28, 2014
Citation: 2014 WY 133
Docket Number: S-14-0067
Justia Opinion Summary: After an exhaust pipe in the furnace in their home ruptured, Richard and Mary Horning were diagnosed with having sustained severe carbon monoxide poisoning. The Hornings sued Penrose Plumbing & Heating, Inc. and others,…
Date: October 27, 2014
Citation: 2014 WY 132
Docket Number: S-14-0045
Justia Opinion Summary: A vehicle owned by Kindel Concrete LLC and driven by one of its employees, Tim Ouimette, rear-ended Kim Bolding’s vehicle. Bolding filed suit against Kindel and the Employee, alleging negligence and negligent…
Date: October 23, 2014
Citation: 2014 WY 131
Docket Numbers: S-14-0033, S-14-0069
Justia Opinion Summary: Father and Mother were divorced in the winter of 2013. Later that year, Mother filed a contempt action asserting that Father had violated the divorce decree in several respects. The district court entered orders (1)…
Date: October 16, 2014
Citation: 2014 WY 130
Docket Number: S-14-0157
Date: October 14, 2014
Citation: 2014 WY 129
Docket Number: S-13-0281
Justia Opinion Summary: From Lilyanna Knudson’s birth until Ronald Scherer’s (Decedent) death, Knudson believed and considered the Decedent to be her father. After learning that he was not, Knudson filed a petition seeking a determination that…
Date: October 14, 2014
Citation: 2014 WY 127
Docket Number: S-14-0018
Justia Opinion Summary: After a jury trial, Appellant was found guilty of stalking and kidnapping. The Supreme Court reversed the stalking conviction and otherwise affirmed, holding (1) there was insufficient evidence to support the stalking…
Date: October 14, 2014
Citation: 2014 WY 128
Docket Number: S-14-0111
Justia Opinion Summary: After a jury trial, Appellant was convicted of four counts of sexual abuse of a minor in the second degree and was sentenced to thirteen to fifteen years on each count, to be served consecutively. The Supreme Court…
Date: October 9, 2014
Citation: 2014 WY 126
Docket Number: S-13-0223
Justia Opinion Summary: Defendant was a juvenile when he was convicted in 1995 of felony murder and sentenced to life in prison, a sentence that was by operation of law the equivalent of life imprisonment without the possibility of parole. In…
Date: October 8, 2014
Citation: 2014 WY 125
Docket Number: S-14-0023
Justia Opinion Summary: In 2009, Defendant pleaded guilty to drug possession. The district court later revoked Defendant’s probation but reinstated it on the condition that Defendant complete an in-patient treatment program. The court stated…
Date: October 3, 2014
Citation: 2014 WY 124
Docket Number: S-13-0256
Justia Opinion Summary: Defendant pleaded guilty to five counts of second-degree sexual abuse of a minor. The district court sentenced Defendant to terms of imprisonment and ordered that Defendant be given credit for 721 days of pre sentence…
Date: October 3, 2014
Citation: 2014 WY 123
Docket Number: S-14-0044
Justia Opinion Summary: Wife and Husband were divorced by stipulated decree. In post-divorce contempt proceedings, each party claimed the other party was in contempt. The district court (1) concluded that both parties were in contempt for…
Date: October 1, 2014
Citation: 2014 WY 122
Docket Number: S-13-0220
Date: September 24, 2014
Citation: 2014 WY 121
Docket Number: S-13-0282
Justia Opinion Summary: Landowners Merlin and Lori Zowada filed a petition with the Board of County Commissioners to establish a private road to access their landlocked tract of property through property owned by Mullinax Concrete Service…
Date: September 24, 2014
Citation: 2014 WY 119
Docket Number: S-14-0012
Justia Opinion Summary: Appellant, an employee of a Harley Davidson service center (Employer), was discharged after working more than five years with Employer. Appellant filed for unemployment benefits. After a hearing, the hearing officer…
Date: September 24, 2014
Citation: 2014 WY 120
Docket Number: S-14-0112
Date: September 23, 2014
Citation: 2014 WY 118
Docket Number: S-13-0243
Justia Opinion Summary: Enrique Herrera was working for Gilligan’s LLC under the supervision of Robert Phillipps when he was injured. Herrera was an alien who was not authorized to work in the United States at the time of the injury. Herrera…
Date: September 18, 2014
Citation: 2014 WY 117
Docket Number: S-13-0245
Justia Opinion Summary: This third appeal concerned a judgment obtained by David and Elizabeth Speaks against Byron Baker. Two properties, the Corsi Ranchettes lot and the Misty Meadows lot, were fraudulently transferred by Byron and Rosemary…
Date: September 17, 2014
Citation: 2014 WY 116
Docket Number: S-13-0244
Justia Opinion Summary: The Star Valley Ranch Association mounted an effort to amend the restrictive covenants governing the Star Valley Ranch subdivision. Appellees, owners of property in the subdivision, challenged the validity of the amended…
Date: September 16, 2014
Citation: 2014 WY 115
Docket Number: S-13-0217
Justia Opinion Summary: Appellant was placed on supervised probation. The district court also placed Appellant in an intensive supervision program (ISP). Appellant committed eleven violations of the rules while in the ISP, for which the ISP…
Date: September 16, 2014
Citation: 2014 WY 114
Docket Number: s-14-0034
Justia Opinion Summary: After the Wyoming Department of Family Services (DFS) learned that JM, a minor, had several unexcused absences from school, a deputy count attorney filed a petition alleging that JM was a neglected child because Mother…
Date: September 10, 2014
Citation: 2014 WY 113
Docket Number: S-13-0216
Justia Opinion Summary: Defendant pleaded guilty to first-degree murder, aggravated burglary, and conspiracy to commit aggravated burglary. Defendant was sixteen years old when he committed the crimes. After imposing an initial sentence, the…
Date: September 9, 2014
Citation: 2014 WY 112
Docket Number: S-13-0185
Justia Opinion Summary: Appellant owned property as a tenant in common with Appellees, two relatives. Both parties sought to partition the property. The district court concluded that Appellant ousted Appellees from the property and, therefore,…
Date: September 8, 2014
Citation: 2014 WY 111
Docket Number: S-13-0260
Justia Opinion Summary: Pursuant to a plea agreement, Defendant pled no contest to one count of interference with a police officer. The State stood by its original plea agreement at the sentencing hearing and recommended a three to five year…
Date: September 5, 2014
Citation: 2014 WY 110
Docket Number: S-13-0273
Justia Opinion Summary: Plaintiff filed a complaint against four defendants alleging that they conspired to fabricate a mental incompetency determination in connection with criminal proceedings filed against Plaintiff in Utah. The district…
Date: August 28, 2014
Citation: 2014 WY 108
Docket Number: S-13-0224
Justia Opinion Summary: After a jury trial, Defendant was found guilty of larceny, wrongful disposal of stolen property, and burglary arising from the theft and sale of two saddles to a pawn shop. Defendant appealed, arguing that the district…
Date: August 28, 2014
Citation: 2014 WY 109
Docket Number: S-14-0016
Date: August 20, 2014
Citation: 2014 WY 107
Docket Number: S-14-0051
Date: August 19, 2014
Citation: 2014 WY 106
Docket Number: S-13-0218
Justia Opinion Summary: Montana-Dakota Utilities Company (MDU) was ordered by the Wyoming Public Service Commission to make refunds of the amounts MDU had overcharged its customers because of improper calculations and adjustments to its…
Date: August 19, 2014
Citation: 2014 WY 104
Docket Number: S-13-0269
Justia Opinion Summary: Appellant was convicted after a jury trial of aggravated battery stemming from an altercation with his girlfriend and his girlfriend’s sister. The Supreme Court affirmed, holding (1) there was sufficient evidence to…
Date: August 19, 2014
Citation: 2014 WY 105
Docket Number: S-14-0032
Justia Opinion Summary: Appellant pled guilty to burglary and attempted assault on a peace officer and nolo contendre to four counts of interference with custody. The district court sentenced Appellant to prison on each of the counts but…
Date: August 15, 2014
Citation: 2014 WY 103
Docket Number: S-13-0231
Justia Opinion Summary: The Andrews, a married couple, contracted to purchase a newly constructed home from Appellants, Joe Seneshale and his company, Legacy Builders, LLC (together, Legacy). After the Andrews took possession of the property,…
Date: August 15, 2014
Citation: 2014 WY 102
Docket Number: S-14-0052
Justia Opinion Summary: Dan C. Morton successfully bid on several federal oil and gas leases. Morton sought the assistance of RDG Oil and Gas, LLC to develop the leases. In 2005, the parties entered into two separate agreements for the…
Date: August 12, 2014
Citation: 2014 WY 101
Docket Number: S-14-0015
Justia Opinion Summary: A defendant was charged with sexual assault of a minor in connection with an AMBER Alert and a missing child. The deputy county attorney requested that the circuit court restrict disclosure of information of the case in…
Date: August 7, 2014
Citation: 2014 WY 100
Docket Number: S-13-0252
Justia Opinion Summary: In this adverse possession case, Henry and Simona Prado purchased a lot in 1966 and used a strip of land under the mistaken belief that the land was theirs. In 1989, Tracy and Norma Lampman brought the lot to the east of…
Date: August 6, 2014
Citation: 2014 WY 99
Docket Number: S-13-0242
Justia Opinion Summary: Defendant, a resident alien who was living in the United States legally, pled guilty to the charge of strangulation of a household member. Before Defendant was sentenced, he learned that his guilty plea would result in…
Date: August 1, 2014
Citation: 2014 WY 98
Docket Number: D-14-0001
Justia Opinion Summary: Andrea Richard allegedly violated the Wyoming Rules of Professional Conduct in seven different court proceedings between 2006 and 2012 by failing to comply with discovery requests and orders, causing her clients to be…
Date: August 1, 2014
Citation: 2014 WY 97
Docket Number: S-13-0219
Justia Opinion Summary: Stowe was driving on a dry highway with her seven-year-old daughter when their vehicle ran off the road. It travelled 318 feet and rolled twice before stopping. A passerby contacted law enforcement and emergency medical…
Date: July 30, 2014
Citation: 2014 WY 96
Docket Number: s-13-0214
Justia Opinion Summary: At issue in this case was a joint operating agreement (JOA) for Wyoming oil and gas interests entered into in 2000 by the predecessors in interest to Windsor Energy Group, LLC and Windsor Beaver Creek, LLC (together,…
Date: July 30, 2014
Citation: 2014 WY 95
Docket Number: S-13-0238
Justia Opinion Summary: Defendant was charged with making a false statement to obtain welfare benefits. Pursuant to a plea agreement, Defendant pled guilty to amended charge of misdemeanor interference with a peace officer and agreed to pay…
Date: July 29, 2014
Citation: 2014 WY 94
Docket Number: S-13-0189
Justia Opinion Summary: In 2008, Plaintiff and Defendant were involved in an automobile accident. In 2012, Plaintiff filed a complaint against Defendant alleging that Defendant’s negligent motor vehicle operation caused the collision, resulting…
Date: July 23, 2014
Citation: 2014 WY 93
Docket Number: S-13-0261
Justia Opinion Summary: Father and Mother divorced several years ago, and Father was awarded primary custody of the parties’ minor child. Mother was ordered to pay child support of $272 per month. Mother recently filed a petition to modify…
Date: July 22, 2014
Citation: 2014 WY 92
Docket Number: S-13-0170
Justia Opinion Summary: After a jury trial, Appellant was convicted for possession, delivery, and conspiracy to deliver methamphetamine. On appeal, Defendant challenged the admission of photographic evidence of items in his home containing…
Date: July 22, 2014
Citation: 2014 WY 91
Docket Number: S-13-0227
Justia Opinion Summary: Evelyn Carlsen, a settlor of the 1999 Carlsen Family Living Trust who also served as trustee, amended the trust on two separate occasions before she died. After Mrs. Carlsen’s death, Appellant Catherine Meyer, a…
Date: July 16, 2014
Citation: 2014 WY 90
Docket Number: S-13-0208
Justia Opinion Summary: Appellant, acting as the personal representative for her deceased mother’s estate, sued Star Valley Medical and Care Centers and several of their employees (collectively, Appellees), alleging that Appellees’ negligence…
Date: July 14, 2014
Citation: 2014 WY 89
Docket Number: S-13-0251
Justia Opinion Summary: After an investigation, police learned that Defendant, a band teacher, had sexual relations with three students at Rock Springs High School. The State charged Defendant with a total of fifteen counts of sexual abuse of a…
Date: July 11, 2014
Citation: 2014 WY 88
Docket Number: S-13-0212
Justia Opinion Summary: Appellant was convicted of felony child abuse for physically abusing his fifteen-year-old daughter during a heated conversation about the daughter’s poor grades. The statute under which Appellant was convicted expressly…
Date: July 8, 2014
Citation: 2014 WY 87
Docket Number: S-13-0226
Justia Opinion Summary: Seventy-six-year-old William suffered from a lifelong mental disability. William’s brother Robert and sister Jeanne were the sole trustees of a trust established by William’s mother to support William. Because Williams…
Date: July 3, 2014
Citation: 2014 WY 86
Docket Number: S-13-0225
Justia Opinion Summary: Jessica Hofhine filed for divorce from Mike Hofhine. The parties entered into a property settlement stipulation agreement that was incorporated into the decree of divorce entered by the district court. The next year,…
Date: July 2, 2014
Citation: 2014 WY 85
Docket Number: D-13-0004
Date: July 1, 2014
Citation: 2014 WY 84
Docket Number: S-13-0204
Justia Opinion Summary: Plaintiff, as personal representative for Connie Scribner, filed a wrongful death complaint against Defendants, Dr. Sean Beyer and Emergency Medical Physicians, P.C., alleging that Defendants’ care of Scribner fell below…
Date: June 26, 2014
Citation: 2014 WY 83
Docket Number: S-13-0119
Justia Opinion Summary: Pursuant to the Wyoming Public Records Act, Plaintiff requested from the Office of the Governor and the Wyoming Game & Fish Department (together, the State) documents related to the status of grizzly bears under the…
Date: June 25, 2014
Citation: 2014 WY 82
Docket Number: S-13-0086
Justia Opinion Summary: Roger Seherr-Thoss (RST) owned and operated a gravel operation since at least 1977. In 1978, Teton County enacted its first Land and Development Regulations (LDRs). In 2011, Teton County issued RST an amended "notice to…
Date: June 23, 2014
Citation: 2014 WY 81
Docket Number: S-13-0181
Justia Opinion Summary: Gary Carl Stroth became very sick on September 23, 2010 and died a few days later. On October 11, 2012, Appellant submitted a notice of claim against the Star Valley Medical Center (Hospital), the Town of Thayne and the…
Date: June 20, 2014
Citation: 2014 WY 80
Docket Number: S-13-0195
Justia Opinion Summary: Defendant pleaded guilty to first-degree felony murder and aggravated burglary. Defendant was sentenced to life imprisonment on the murder charge. Defendant did not appeal his conviction. Instead, Defendant filed several…
Date: June 18, 2014
Citation: 2014 WY 79
Docket Number: S-13-0202
Justia Opinion Summary: Frank Forelle and William Fix were neighbors in a subdivision. After Forelle built a fence on his property along the border of the parties’ adjoining properties, Fix complained that the fence violated the subdivision’s…
Date: June 18, 2014
Citation: 2014 WY 78
Docket Numbers: S-14-0014, S-14-0093
Date: June 13, 2014
Citation: 2014 WY 75
Docket Number: S-13-0103
Justia Opinion Summary: Defendant pled guilty to one count of solicitation to commit property destruction. On appeal, Defendant argued (1) the district court lacked subject matter jurisdiction because he was in West Virginia at the time of the…
Date: June 13, 2014
Citation: 2014 WY 77
Docket Number: S-13-0174
Justia Opinion Summary: Defendant pleaded guilty to driving while under the influence of alcohol (DWUI). This was Defendant’s fourth such offense within the previous ten years, making it a felony under Wyo. Stat. Ann. 31-5-233(e) and subject to…
Date: June 13, 2014
Citation: 2014 WY 76
Docket Number: S-13-0201
Justia Opinion Summary: Defendant entered a conditional Alford plea to possession of a controlled substance. On appeal, Defendant challenged the district court’s denial of her motion to suppress evidence, arguing that she should have been…
Date: June 11, 2014
Citation: 2014 WY 74
Docket Number: S-13-0186
Justia Opinion Summary: After a jury trial in Sweetwater County, Appellant was found guilty of third-degree sexual abuse of a minor for offenses committed against a fifteen-year-old girl on a Greyhound bus. Defendant filed a motion for judgment…
Date: June 10, 2014
Citation: 2014 WY 73
Docket Number: S-13-0169
Justia Opinion Summary: After a jury trial, Defendant was found guilty of larceny by bailee. Defendant appealed, arguing (1) the district court erred in excluding alternate suspect evidence and in giving an improper jury instruction, and (2)…
Date: June 9, 2014
Citation: 2014 WY 72
Docket Number: S-14-0048
Justia Opinion Summary: After a jury trial, Appellant was convicted on two separate charges of delivery of a controlled substance and one charge of possession of a controlled substance. After the Supreme Court affirmed on appeal, Appellant…
Date: June 5, 2014
Citation: 2014 WY 71
Docket Number: S-13-0171
Justia Opinion Summary: Robert and Beverly Bernard sought a special exemption to operate a bed and breakfast in an area that was zoned as an R-1 Residence District. The Board of Adjustments approved the Bernards’ application, but the district…
Date: May 30, 2014
Citation: 2014 WY 70
Docket Number: S-13-0159
Justia Opinion Summary: After Peggy Gheen died, her sons discovered quitclaim deeds Mrs. Gheen had executed to them for her interests in a residential property and a farm. The Gheen sons subsequently recorded the deeds. The State ex rel. Dep’t…
Date: May 29, 2014
Citation: 2014 WY 68
Docket Number: S-13-0194
Justia Opinion Summary: Erin Clements was injured at work and received temporary total disability (TTD) benefits for twelve months. Clements subsequently obtained an extension of TTD benefits for the statutory maximum of twelve months. When…
Date: May 29, 2014
Citation: 2014 WY 69
Docket Number: S-13-0198
Justia Opinion Summary: Mountain Regional Services, Inc. (MRSI), which provides services to individuals who receive medical benefits administered by the Wyoming Department of Health, filed a petition seeking judicial review of a “Provider…
Date: May 29, 2014
Citation: 2014 WY 67
Docket Number: S-14-0055
Date: May 28, 2014
Citation: 2014 WY 66
Docket Number: S-13-0124
Justia Opinion Summary: After a jury trial, Defendant was found guilty of first degree sexual assault for forcing a young woman to perform oral sex on him. Defendant appealed, arguing that his trial counsel rendered ineffective assistance in…
Date: May 22, 2014
Citation: 2014 WY 65
Docket Number: S-13-0133
Justia Opinion Summary: Father and Mother were the parents of AD, born in 2009. In 2011, Father filed a complaint for child custody seeking primary physical custody of AD. After a trial, the district court awarded Father primary physical…
Date: May 20, 2014
Citation: 2014 WY 64
Docket Number: S-13-0151
Justia Opinion Summary: Plaintiff-corporation brought a breach of contract action against Defendant-corporation. Defendant counterclaimed for breach of contract and breach of the covenant of good faith and fair dealing. A jury found that…
Date: May 15, 2014
Citation: 2014 WY 63
Docket Number: S-13-0179
Justia Opinion Summary: In April 2011, Appellant was arrested for driving under the influence of alcohol (DUI) and pleaded guilty to DUI. The Wyoming Department of Transportation (WYDOT) did not notify Appellant until August 2012 that he would…
Date: May 14, 2014
Citation: 2014 WY 62
Docket Number: S-13-0173
Justia Opinion Summary: The Jackson Hole Hereford Ranch was divided by a series of conveyances between entities controlled by a brother (“Brother”) and sister (“Sister”), who disagreed on the validity of language purporting to reserve or convey…
Date: May 12, 2014
Citation: 2014 WY 61
Docket Number: S-13-0162
Justia Opinion Summary: In 2004, Appellant fell while working and strained her back. Appellant was awarded worker’s compensation benefits. In 2009, Appellant slipped and fell at work and injured her ankle. In 2010, Appellant sought temporary…
Date: May 8, 2014
Citation: 2014 WY 60
Docket Number: S-13-0127
Justia Opinion Summary: After a jury trial, Defendant was found guilty of three counts of second-degree sexual assault. The Supreme Court affirmed, holding (1) Defendant was not denied his right to a speedy trial; (2) the district court…
Date: May 7, 2014
Citation: 2014 WY 58
Docket Number: S-13-0190
Justia Opinion Summary: Defendant pled guilty to felony larceny and was placed on probation subject to placement in an adult community correctional facility. Shortly after that placement, Defendant checked out of the facility and did not…
Date: May 7, 2014
Citation: 2014 WY 59
Docket Number: S-13-0249
Justia Opinion Summary: Appellant pled guilty to charges of strangulation of a household member, domestic battery, and reckless endangerment. The district court sentenced Appellant to three to five years on the strangulation charge to be served…
Date: May 7, 2014
Citation: 2014 WY 57
Docket Number: S-13-0278
Date: May 5, 2014
Citation: 2014 WY 56
Docket Number: S-13-0130
Justia Opinion Summary: After conducting a compliance examination of CalCon Mutual Mortgage Corporation (“CalCon”) the Wyoming Department of Audit, Division of Banking (“Division”) determined that CalCon had violated the Wyoming Residential…
Date: April 23, 2014
Citation: 2014 WY 55
Docket Number: D-14-0005
Date: April 23, 2014
Citation: 2014 WY 53
Docket Number: S-13-0084
Justia Opinion Summary: After a jury trial, Appellant, an inmate at the Wyoming State Penitentiary, was convicted of two counts of conspiracy to deliver a controlled substance and two counts of conspiracy to take a controlled substance into a…
Date: April 23, 2014
Citation: 2014 WY 54
Docket Number: S-13-0160
Justia Opinion Summary: Defendant entered into a conditional plea agreement pursuant to which he pled guilty to interference with a peace officer and reserved the right to appeal three issues. The district court affirmed the circuit court’s…
Date: April 22, 2014
Citation: 2014 WY 51
Docket Number: S-13-0117
Justia Opinion Summary: In 2012, Father filed a motion for order to show cause why Mother should not be held in contempt for refusing to comply with the visitation and communication provisions of the parties’ 2004 decree regarding custody of…
Date: April 22, 2014
Citation: 2014 WY 52
Docket Number: S-13-0172
Justia Opinion Summary: Since 1991, Plaintiffs accessed their parcel of land by traveling over Defendants’ property pursuant to an easement for a road right of way. When Defendants obstructed Plaintiffs’ use of their easement, Plaintiffs filed…
Date: April 17, 2014
Citation: 2014 WY 50
Docket Number: S-13-0070
Justia Opinion Summary: In 1993, Appellant pled guilty to a second degree sexual assault crime in New Jersey. Appellant later moved to Wyoming. In 2012, the State charged Appellant with failing to register in violation of Wyo. Stat. Ann.…
Date: April 17, 2014
Citation: 2014 WY 49
Docket Number: S-13-0136
Justia Opinion Summary: In 2011, Appellant was arrested and charged with three crimes. Appellant was on probation for crimes he had committed in 2008 at the time of his arrest, and the State also sought to revoke Appellant’s probation.…
Date: April 11, 2014
Citation: 2014 WY 48
Docket Number: S-13-0116
Justia Opinion Summary: In February 2011, two years and four months after Plaintiff learned she had been disinherited by her mother, Plaintiff filed a complaint against financial advisor Bradley Lott for fraud and constructive fraud. A jury…
Date: April 11, 2014
Citation: 2014 WY 47
Docket Number: S-13-0250
Justia Opinion Summary: In 2005, Defendant was arrested and charged with two counts of third-degree sexual assault. In a separate docket, Defendant was charged with two counts of forgery. Defendant pled guilty to the forgery counts and no…
Date: April 9, 2014
Citation: 2014 WY 46
Docket Number: S-13-0164
Justia Opinion Summary: After a jury trial, Appellant was convicted of driving with a blood alcohol concentration (BAC) of at least 0.08% for a fourth or subsequent time in ten years, a felony. On appeal, Appellant argued that the district…
Date: April 8, 2014
Citation: 2014 WY 45
Docket Number: S-13-0111
Justia Opinion Summary: In 2012, Defendant entered a conditional plea of guilty to third degree sexual assault in violation of Wyo. Stat. Ann. 6-2-304(a)(i), which was repealed in 2007. Defendant appealed, arguing that the district court erred…
Date: April 8, 2014
Citation: 2014 WY 44
Docket Number: S-13-0213
Date: April 3, 2014
Citation: 2014 WY 43
Docket Number: S-13-0078
Justia Opinion Summary: The Wyoming Department of Revenue (Department) directed Appellants, on-line travel companies (OTCs), to collect and remit taxes on the total amounts they collected from customers booking hotel rooms in Wyoming. The State…
Date: March 31, 2014
Citation: 2014 WY 42
Docket Number: S-13-0144
Justia Opinion Summary: Robert Carson and his passenger, Hugh Sharp, were involved in a car accident in which Carson sustained multiple injuries and Sharp was killed. Carson filed a claim for worker’s compensation benefits. The Wyoming Workers’…
Date: March 25, 2014
Citation: 2014 WY 41
Docket Number: S-13-0110
Justia Opinion Summary: In 2013, Bryan Skoric, the Park County Attorney, reconsidered the extent of his office’s participation in civil commitment proceedings and decided not to continue to participate in emergency detention hearings under Wyo.…
Date: March 21, 2014
Citation: 2014 WY 40
Docket Number: S-13-0141
Justia Opinion Summary: In 2007, Appellant suffered a work-related injury to his right hip. In 2009, the Wyoming Workers’ Safety and Compensation Division denied Appellant’s requests for testing and treatment of pain in his back on the grounds…
Date: March 13, 2014
Citation: 2014 WY 38
Docket Number: S-13-0050
Justia Opinion Summary: After a jury trial, Defendant was found guilty of one count of felony child abuse. The Supreme Court affirmed, holding that the district court (1) did not violate Defendant’s right to confrontation by allegedly limiting…
Date: March 13, 2014
Citation: 2014 WY 39
Docket Number: S-13-0128
Justia Opinion Summary: Appellant received worker’s compensation benefits in 1996 and 2004 for work-related injuries to his back. In 2008 and 2011, Appellant underwent surgeries to treat a herniated disc in his low back. The Wyoming Workers’…
Date: March 12, 2014
Citation: 2014 WY 36
Docket Number: S-12-0215
Justia Opinion Summary: After a jury trial, Appellant was convicted of aggravated assault by threatening to use a drawn deadly weapon. On appeal, Appellant argued, among other things, that his trial counsel provided ineffective assistance for…
Date: March 12, 2014
Citation: 2014 WY 37
Docket Number: S-13-0120
Justia Opinion Summary: Recently-adopted regulations required companies engaged in hydraulic fracturing to disclose the chemical compounds used in the process to the Wyoming Oil and Gas Conservation Commission. Appellants sought from the…
Date: March 11, 2014
Citation: 2014 WY 35
Docket Number: S-13-0085
Justia Opinion Summary: In 2005, Tara Kobielusz began working for Circle C Resources, which provides living assistance for persons with developmental disabilities. In 2010, Kobielusz began working for Circle C as a “host family provider.” That…
Date: March 10, 2014
Citation: 2014 WY 34
Docket Number: S-13-0222
Justia Opinion Summary: Appellant pled guilty to the federal charge of being a felon in possession of firearms. Thereafter, Appellant pled guilty at the state level to aiding and abetting burglary. The federal court sentenced Appellant to a…
Date: March 5, 2014
Citation: 2014 WY 33
Docket Number: S-13-0115
Justia Opinion Summary: Appellant first received benefits for work-related injuries he received to his knees in 1992. In 2009, Appellant requested preauthorization to perform total knee replacement on both knees. The Workers’ Safety and…
Date: March 4, 2014
Citation: 2014 WY 32
Docket Number: S-13-0121
Justia Opinion Summary: In 1997, the Courtenay C. Davis Foundation and Amy Davis (together, “Davis Interests”) entered into an agreement with the University of Wyoming Foundation and the Colorado State University Research Foundation (together,…
Date: February 27, 2014
Citation: 2014 WY 31
Docket Number: S-13-0132
Justia Opinion Summary: Appellant was originally injured in 1975 while working for his employer. Appellant’s injuries resulted in the amputation of his right leg, below the knee. The Wyoming Workers’ Safety and Compensation Division paid a…
Date: February 25, 2014
Citation: 2014 WY 30
Docket Number: S-13-0059
Justia Opinion Summary: Appellant pleaded guilty to two counts of attempted voluntary manslaughter pursuant to a plea agreement and was sentenced to two consecutive terms of incarceration of seventeen to twenty years. The Supreme Court affirmed…
Date: February 25, 2014
Citation: 2014 WY 29
Docket Number: S-13-0077
Justia Opinion Summary: After H. Kent Dahlke died in 2003, leaving a will he had executed in 2001, there were irregularities in the administration of Kent’s estate, including the probate court’s failure to advise Kent’s surviving wife, Sara…
Date: February 25, 2014
Citation: 2014 WY 28
Docket Number: S-13-0098
Justia Opinion Summary: In 2011, Decedent died of injuries incurred in an automobile accident. Decedent was survived by his allegedly estranged wife, Laura Soran, and by his parents and sister. Decedent’s father, in his capacity as personal…
Date: February 24, 2014
Citation: 2014 WY 27
Docket Number: S-12-0242
Justia Opinion Summary: In 2004, Appellant pled guilty to three counts of felony identity theft. The district court imposed a sentence of incarceration that it suspended in favor of eight years probation. In 2008 and 2009, the State filed three…
Date: February 21, 2014
Citation: 2014 WY 26
Docket Number: S-13-0093
Justia Opinion Summary: Forsberg Engerman Co., an insurance agency, helped Lewis Holding Co., a trucking business, purchase insurance from Lexington Insurance Co. In 2011, one of Lewis Holding’s trailers was damaged. After Lewis Holding filed…
Date: February 21, 2014
Citation: 2014 WY 25
Docket Number: S-13-0139
Justia Opinion Summary: In 1999, Appellant experienced a workplace injury to her back, for which she received benefits awarded by the Wyoming Workers’ Safety and Compensation Division (“Division”). In 2008, while employed in Nebraska, Appellant…
Date: February 20, 2014
Citation: 2014 WY 23
Docket Number: S-13-0125
Justia Opinion Summary: Father filed for divorce from Mother in 2011. After a trial, the trial court entered a divorce decree granting Mother physical custody of the children and awarding visitation to Father, ordering Father to pay child…
Date: February 20, 2014
Citation: 2014 WY 24
Docket Numbers: S-13-0254, S-13-0255
Date: February 19, 2014
Citation: 2014 WY 22
Docket Number: D-14-0003
Date: February 11, 2014
Citation: 2014 WY 21
Docket Number: S-13-0058
Justia Opinion Summary: After a trial, Defendant was convicted of six counts of sexual abuse of a minor in the third degree and one count of sexual abuse of a minor in the second degree. During trial, Defendant called a witness who opined about…
Date: February 11, 2014
Citation: 2014 WY 20
Docket Number: S-13-0087
Justia Opinion Summary: Margaret Reynolds and Jean Moore were involved in a car accident in which Margaret was injured. Jean was employed by Judith and Wilford Jaeger at the time of the accident. Margaret and her husband (the Reynolds) filed a…
Date: February 6, 2014
Citation: 2014 WY 19
Docket Number: D-14-0004
Date: February 4, 2014
Citation: 2014 WY 17
Docket Number: S-13-0094
Justia Opinion Summary: After Appellants purchased vacant property in Laramie they discovered that an apartment building on an adjacent property encroached five feet onto their property. Appellants brought an action against the owners of the…
Date: February 4, 2014
Citation: 2014 WY 18
Docket Number: S-13-0099
Justia Opinion Summary: The Wyoming Department of Transportation notified Appellant that his commercial driver’s license would be disqualified for one year on the basis that Appellant had driven a commercial vehicle with a blood alcohol…
Date: January 28, 2014
Citation: 2014 WY 15
Docket Number: S-13-0052
Justia Opinion Summary: Two years after Cindy Hill, the Superintendent of Public Instruction for the State, the Wyoming Legislature passed Senate Enrolled Act 0001 (Act), which removed the Superintendent as the administrator and chief executive…
Date: January 28, 2014
Citation: 2014 WY 16
Docket Number: S-13-0107
Justia Opinion Summary: Johanna Hicks died from an accidental overdose of her medications. Hicks’ estate filed suit against the doctor who treated Hicks for severe chronic pain for negligently causing Hicks’ death and filed suit against the…
Date: January 27, 2014
Citation: 2014 WY 14
Docket Number: S-12-0281
Justia Opinion Summary: After a jury trial, Defendant was convicted of one count of first degree murder and sentenced to life imprisonment. The Supreme Court affirmed, holding (1) the district court did not abuse its discretion in deciding to…
Date: January 27, 2014
Citation: 2014 WY 13
Docket Number: S-13-0019
Justia Opinion Summary: After a jury trial, Appellant was convicted of felony driving while under the influence of alcohol. The Supreme Court affirmed, holding (1) the district court did not abuse its discretion in denying in part a pretrial…
Date: January 24, 2014
Citation: 2014 WY 11
Docket Number: S-13-0090
Justia Opinion Summary: Defendant entered Alford pleas to promoting prostitution, conspiracy to commit first degree sexual assault, and aggravated assault and battery on a pregnant woman. The victim in this case was Defendant’s girlfriend. The…
Date: January 24, 2014
Citation: 2014 WY 12
Docket Number: S-13-0108
Justia Opinion Summary: In 1994, Appellant suffered modest physical injuries while working as a psychiatric aide at the Wyoming State Hospital. Four years later, Appellant was denied permanent total disability (PTD) benefits. Appellant…
Date: January 23, 2014
Citation: 2014 WY 10
Docket Number: S-13-0095
Justia Opinion Summary: After the Department of Family Services (DFS) received reports regarding the care Children were receiving from Mother and Stepfather, the State filed a neglect petition. DFS’s efforts to reunify Children with Mother…
Date: January 23, 2014
Citation: 2014 WY 9
Docket Number: S-13-0142
Justia Opinion Summary: After a jury trial in 1982, Defendant was found guilty of aggravated robbery and unauthorized use of a vehicle. The Supreme Court affirmed Defendant’s convictions on appeal. Before Defendant began serving his Wyoming…
Date: January 22, 2014
Citation: 2014 WY 8
Docket Number: S-13-0192
Date: January 16, 2014
Citation: 2014 WY 7
Docket Number: S-13-0029
Justia Opinion Summary: A school district (District) notified Plaintiff, a continuing contract teacher in the District, that his contract would be terminated on grounds of incompetence, insubordination, and poor work performance. Following a…
Date: January 15, 2014
Citation: 2014 WY 6
Docket Number: S-13-0045
Justia Opinion Summary: Appellants decided to sell 850 acres of farmland but wanted to retain the mineral rights. Summit Title Services prepared the deeds for the sale, but he deeds did not reserve the minerals. Appellants were made aware of…
Date: January 15, 2014
Citation: 2014 WY 5
Docket Number: S-13-0096
Justia Opinion Summary: Defendant, a contractor, and Plaintiff, a subcontractor, entered into a two subcontracts for part of a road work project. Plaintiff invoiced Defendant for the work under both contracts, but when Defendant failed to pay…
Date: January 14, 2014
Citation: 2014 WY 4
Docket Number: S-13-0082
Justia Opinion Summary: In 2001, Appellant moved into Decedent’s home at Decedent’s request, where he lived and cared for Decedent until Decedent’s death in 2010. After Decedent’s death, Appellant filed a creditor’s claim against Decedent’s…
Date: January 7, 2014
Citation: 2014 WY 3
Docket Number: S-13-0040
Justia Opinion Summary: Plaintiffs filed a medical malpractice action against the Campbell County Memorial Hospital under the Wyoming Governmental Claims Act (Act), alleging that Amanda Phillips, a certified nurse anesthetist for Northern…
Date: January 6, 2014
Citation: 2014 WY 2
Docket Number: S-13-0089
Justia Opinion Summary: Mother and Father were divorced pursuant to a decree that awarded the parties joint custody of their two children with each parent allowed to have the children fifty percent of the time. Mother later sought to modify the…
Date: January 3, 2014
Citation: 2014 WY 1
Docket Number: S-13-0072
Justia Opinion Summary: Defendant entered conditional pleas of guilty to possession of a controlled substance with intent to deliver and conspiracy to deliver a controlled substance. Defendant appealed the district court’s denial of her motion…
