Wyoming Supreme Court Decisions 2017

McLaren v. Wyoming  
Date: December 28, 2017
Citation: 2017 WY 154
Docket Number: S-17-0010

Justia Opinion Summary: Steven McLaren challenged his convictions for five felonies stemming from a bizarre and violent encounter with his girlfriend in 2014. McLaren owned 57 cats. He and his girlfriend, Jennifer Evans, referred to the cats as...

Foltz, Jr. v. Wyoming  
Date: December 28, 2017
Citation: 2017 WY 155
Docket Number: S-17-0064

Justia Opinion Summary: A jury convicted appellant Donald Dean Foltz, Jr. of first-degree murder and the district court sentenced him to life without the possibility of parole. Foltz was accused of child abuse towards his girlfriend’s two-year-...

Riddle v. State  
Date: December 21, 2017
Citation: 2017 WY 153
Docket Number: S-17-0083

Justia Opinion Summary: The Supreme Court reversed Appellant’s conviction, rendered after a jury trial, for forgery, holding that there was insufficient evidence to support a conviction under the specific subparagraph of the forgery statute tha...

Howard v. Aspen Way Enterprises, Inc.  
Date: December 19, 2017
Citation: 2017 WY 152
Docket Numbers: S-17-0072, S-17-0073, S-17-0074

Justia Opinion Summary: The Supreme Court consolidated Plaintiffs’ petitions for writ of review from the circuit court’s decisions granting Defendant summary judgment on Plaintiffs’ separate claims asserting invasion of privacy, granted the pet...

Acton v. Acton  
Date: December 19, 2017
Citation: 2017 WY 151
Docket Number: S-17-0102

Justia Opinion Summary: The Supreme Court affirmed the decision of the district court requiring Wife to return certain personal property Husband after the divorce decree’s ninety-day deadline. On appeal, Wife argued that, by allowing Husband t...

Triplett v. State  
Date: December 15, 2017
Citation: 2017 WY 148
Docket Number: S-16-0298

Justia Opinion Summary: The Supreme Court affirmed the judgment of the district court convicting Defendant, after a jury trial, of one count of immodest, immoral or indecent liberties with a minor and three counts of second-degree sexual abuse...

Leavitt v. State, ex rel. Wyoming Department of Transportation  
Date: December 15, 2017
Citation: 2017 WY 149
Docket Number: S-17-0118

Justia Opinion Summary: The Supreme Court affirmed the judgment of the district court dismissing Appellant’s declaratory judgment action for lack of a justiciable controversy. Appellant’s driver’s license was suspended after her agreed to tak...

Hodson v. Sturgeon  
Date: December 15, 2017
Citation: 2017 WY 150
Docket Number: S-17-0131

Justia Opinion Summary: The Supreme Court summarily affirmed the district court’s order recognizing and adopting the settlement Richard Hodson reached with Janet Sturgeon. In the settlement, the parties agreed to resolve their pending lawsuit a...

Davis v. State  
Date: December 14, 2017
Citation: 2017 WY 147
Docket Numbers: S-16-0253, S-17-0087

Justia Opinion Summary: The Supreme Court affirmed the judgment of the district court convicting Defendant of strangulation of a household member, in violation of Wyo. Stat. Ann. 6-2-509(a)(i). The court held (1) contrary to Defendant’s argumen...

White v. Wheeler  
Date: December 14, 2017
Citation: 2017 WY 146
Docket Number: S-17-0115

Justia Opinion Summary: The Supreme Court reversed the judgment of the district court entering summary judgment in favor of Defendants in this complaint filed by Plaintiffs asserting a claim for adverse possession based on Plaintiffs’ fencing a...

Daniel James Boutin, Sr. v. The State of Wyoming
Date: December 13, 2017
Citation: 2017 WY 145
Docket Numbers: S-17-0186, S-17-0187
TSR v. State, ex rel., Department of Family Services  
Date: December 7, 2017
Citation: 2017 WY 144
Docket Number: S-17-0090

Justia Opinion Summary: The Supreme Court affirmed the order of the district court modifying child support with respect to Mother’s daughter. In 2011, Mother and Father entered into an agreement modifying Father’s child support obligation. Appr...

Schmitz v. State, Department of Workforce Services  
Date: December 5, 2017
Citation: 2017 WY 143
Docket Number: S-17-0006

Justia Opinion Summary: The Supreme Court dismissed Appellant’s appeal from the district court’s order dismissing the Wyoming Department of Workforce Services Labor Standards Appeals Division (WFS) from Appellant’s petition for review of a WFS...

In re Adoption of SSO  
Date: December 5, 2017
Citation: 2017 WY 142
Docket Numbers: S-17-0058, S-17-0059

Justia Opinion Summary: The Supreme Court affirmed the order of the district court striking RB’s appearance in the underlying adoption action and granting the foster parents’ petition for adoption of SSO, the biological son of RB. The adoption...

Goetzel v. State  
Date: December 4, 2017
Citation: 2017 WY 141
Docket Numbers: S-17-0099, S-17-0100

Justia Opinion Summary: Res judicata barred Appellant from bringing this claim challenging the district court’s denial of his motion to correct an illegal sentence. Appellant pled guilty to burglary, felony larceny, and other crimes. Appellan...

Schmuck v. State  
Date: November 30, 2017
Citation: 2017 WY 140
Docket Numbers: S-16-0175, S-17-0037

Justia Opinion Summary: The Supreme Court affirmed the judgment of the district court convicting Appellant of attempted second-degree murder. The court held (1) there was no plain error or cumulative error in the district court’s instructions t...

Board of Professional Responsibility, Wyoming State Bar v. Nick Edward Beduhn, WSB # 6-3763
Date: November 22, 2017
Citation: 2017 WY 139
Docket Number: D-17-0007
Charles Kenzell Carter v. The State of Wyoming
Date: November 22, 2017
Citation: 2017 WY 138
Docket Number: S-17-0185
Farnsworth v. State  
Date: November 20, 2017
Citation: 2017 WY 137
Docket Number: S-17-0119

Justia Opinion Summary: For the reasons outlined in Barrera v. State, 403 P.3d 105 (Wyo. 2017) and those set forth in this opinion, the Supreme Court affirmed Defendant’s felony conviction for taking a controlled substance into a jail. The cour...

Black v. State  
Date: November 17, 2017
Citation: 2017 WY 135
Docket Number: S-15-0295

Justia Opinion Summary: The Supreme Court reversed Appellant’s conviction for aggravated assault entered after a jury trial. The district court sentence Appellant to life in prison. The Supreme Court held (1) the prosecutor’s failure to comply...

Williams v. Plains Tire & Battery Co., Inc.  
Date: November 17, 2017
Citation: 2017 WY 136
Docket Number: S-17-0092

Justia Opinion Summary: The Supreme Court reversed the judgment of the district court granting summary judgment for Plains Tire & Battery, Co. in this case filed by Cindy and William Williams alleging that Plains was negligent in failing to mai...

MMH v. State  
Date: November 16, 2017
Citation: 2017 WY 134
Docket Number: S-17-0110

Justia Opinion Summary: The Supreme Court affirmed the juvenile court’s order denying Appellants’ motion to intervene in custody proceedings relating to their granddaughter, EHD. The court held (1) in light of the facts of this case, the juveni...

Crouse v. State  
Date: November 15, 2017
Citation: 2017 WY 133
Docket Number: S-17-0002

Justia Opinion Summary: The Supreme Court affirmed the order of the district court revoking Appellant’s probation and reinstating his original prison sentence. Appellant entered a no contest plea to one count of kidnapping and was sentenced to...

Ransom v. Ransom  
Date: November 14, 2017
Citation: 2017 WY 132
Docket Number: S-17-0071

Justia Opinion Summary: In this appeal brought by Mother, the Supreme Court affirmed the divorce decree entered by the district court. The court held (1) the district court did not abuse its discretion in awarding Father primary physical custod...

Memorial Hospital of Sweetwater County v. Menapace  
Date: November 9, 2017
Citation: 2017 WY 131
Docket Number: S-17-0055

Justia Opinion Summary: In this case alleging that Memorial Hospital of Sweetwater County was vicariously liable for the acts or omissions of a physician who worked at the hospital as an independent contractor, the Supreme Court reversed the ju...

Bishop v. Bishop  
Date: November 6, 2017
Citation: 2017 WY 130
Docket Number: S-17-0081

Justia Opinion Summary: The Supreme Court affirmed the district court’s order modifying the parties’ divorce decree by transferring primary physical custody of the parties’ child to Mother. In granting Mother’s petition to modify custody, visit...

King v. State  
Date: October 26, 2017
Citation: 2017 WY 129
Docket Number: S-16-0203

Justia Opinion Summary: The Supreme Court affirmed the district court’s denial of Defendant’s motion requesting that the criminal case against him be dismissed based upon the Fifth Amendment’s prohibition against double jeopardy. A jury convic...

Board of Professional Responsibility, Wyoming State Bar v. John James Learned, WSB# 6-4150
Date: October 25, 2017
Citation: 2017 WY 127
Docket Number: D-17-0005
Board of Professional Responsibility, Wyoming State Bar v. Mary Jaclyn Cook, WSB# 7-5492
Date: October 25, 2017
Citation: 2017 WY 128
Docket Number: D-17-0006
Johnn Thomas Woyak v. The State of Wyoming
Date: October 25, 2017
Citation: 2017 WY 125
Docket Number: S-17-0060
Logan Hunter Rogers v. The State of Wyoming
Date: October 25, 2017
Citation: 2017 WY 126
Docket Number: S-17-0124
Bear Peak Resources, LLC v. Peak Powder River Resources, LLC  
Date: October 13, 2017
Citation: 2017 WY 124
Docket Number: S-16-0268

Justia Opinion Summary: The Supreme Court affirmed in part and reversed in part the district court’s grant of summary judgment in favor of Peak Powder River Resources, LLC (Peak) and against Bear Peak Resources, LLC (Bear) in this action allegi...

Barrera v. State  
Date: October 13, 2017
Citation: 2017 WY 123
Docket Number: S-16-0296

Justia Opinion Summary: The Supreme Court affirmed Defendant’s felony conviction for taking a controlled substance into a jail under Wyo. Stat. Ann. 6-5-208. That statute provides, in pertinent part, that “[e]xcept as authorized by a person in...

Kindred Heathcare Operating, Inc. v. Boyd  
Date: October 12, 2017
Citation: 2017 WY 122
Docket Number: S-17-0068

Justia Opinion Summary: The Supreme Court reversed the district court’s order denying Kindred Nursing and Rehabilitation - Wind River’s motion to compel arbitration in this wrongful death action. Aletha Boyd died following her discharge from Ki...

Lon V. Smith Foundation v. Devon Energy Corp.  
Date: October 10, 2017
Citation: 2017 WY 121
Docket Numbers: S-17-0021, S-17-0022, S-17-0023

Justia Opinion Summary: The Supreme Court affirmed the judgment of the district court finding that a California court probate order distributing the estate of Lon V. Smith and a Wyoming court probate order to distribute the decedent’s Wyoming p...

Flores v. State  
Date: October 10, 2017
Citation: 2017 WY 120
Docket Number: S-17-0051

Justia Opinion Summary: The Supreme Court affirmed Defendant’s conviction for interfering with a peace officer, in violation of Wyo. Stat. Ann. 6-5-204(b). The statute provides that “[a] person who intentionally and knowingly causes or attempts...

Morris v. State ex rel. Department of Workforce Services, Workers' Compensation Division  
Date: October 5, 2017
Citation: 2017 WY 119
Docket Number: S-17-0005

Justia Opinion Summary: The Supreme Court affirmed the district court’s decision affirming the decision of the Medical Commission, which sustained the Wyoming Workers’ Compensation Division’s termination of Sarah Morris’s temporary total disabi...

Paden v. Paden  
Date: October 4, 2017
Citation: 2017 WY 118
Docket Number: S-17-0077

Justia Opinion Summary: The district court did not abuse its discretion when it awarded primary physical custody of the parties’ daughter to Father. After Mother and Father divorced, Mother remarried and announced her intent to relocate to sou...

Town of Pine Bluffs v. Eisele  
Date: October 3, 2017
Citation: 2017 WY 117
Docket Number: S-17-0027

Justia Opinion Summary: The Supreme Court affirmed the district court’s dismissal of a complaint brought by the Town of Pine Bluffs alleging that Laramie County illegally taxed a day care center that the Town owned and operated. The Town sought...

Cor v. Sinclair Services Co.  
Date: September 29, 2017
Citation: 2017 WY 116
Docket Number: S-17-0085

Justia Opinion Summary: Due to deficiencies in this pro se appeal filed by Appellant, the Supreme Court summarily affirmed the district court’s dismissal of Appellant’s complaint. Appellant, a former project engineer at Sinclair Wyoming Refinin...

Tayback v. Teton County Board of County Commissioners  
Date: September 28, 2017
Citation: 2017 WY 114
Docket Number: S-17-0014

Justia Opinion Summary: The Supreme Court affirmed the decision of the Teton County Board of County Commissioners granting Four Shadows, LLC a basic use permit (BUP) to use its property in Teton Village for temporary construction storage/stagin...

Drakeford v. State  
Date: September 28, 2017
Citation: 2017 WY 115
Docket Number: S-17-0018

Justia Opinion Summary: The Supreme Court affirmed Defendant’s convictions on one charge of domestic battery and one charge of strangulation of a household member. On appeal, Defendant argued that his convictions and sentences for both crimes v...

Jacob Anthony Joseph Triplett v. The State of Wyoming
Date: September 27, 2017
Citation: 2017 WY 113
Docket Number: S-17-0108
Fowles v. Fowles  
Date: September 22, 2017
Citation: 2017 WY 112
Docket Number: S-17-0067

Justia Opinion Summary: The Supreme Court affirmed the district court’s ruling holding Husband in contempt and finding insufficient evidence to hold Wife in contempt. Both parties filed contempt motions alleging that the other party violated ob...

Woods v. State  
Date: September 20, 2017
Citation: 2017 WY 111
Docket Number: S-17-0048

Justia Opinion Summary: The Supreme Court affirmed Defendant’s convictions of three counts of sexual abuse of a minor in the second degree and one count of sexual abuse of a minor in the third degree for Defendant’s sexual abuse of the daughter...

DM v. State  
Date: September 19, 2017
Citation: 2017 WY 110
Docket Number: S-17-0026

Justia Opinion Summary: The Supreme Court affirmed the juvenile court’s permanency order with regard to Mother’s child, an order that changed the permanency plan for the child from family reunification to adoption. The court held (1) despite th...

Howe v. State, ex rel., Department of Workforce Services  
Date: September 18, 2017
Citation: 2017 WY 109
Docket Number: S-17-0008

Justia Opinion Summary: The Supreme Court affirmed the Medical Commission’s denial of Dennis Howe’s claim for permanent partial impairment (PPI) benefits for a work-related injury Howe suffered. The district court affirmed the decision of the C...

Webb v. State  
Date: September 15, 2017
Citation: 2017 WY 108
Docket Number: S-16-0081

Justia Opinion Summary: The Supreme Court affirmed Defendant’s convictions of two counts of aggravated assault and battery with a deadly weapon, one count of felony property destruction, and one count of attempted second degree murder. The cour...

LeBlanc v. State, Department of Family Services  
Date: September 15, 2017
Citation: 2017 WY 107
Docket Number: S-17-0020

Justia Opinion Summary: The Supreme Court affirmed the termination of Mother’s parental rights with respect to two of her sons. The court held (1) the district court’s conclusions were amply supported by evidence, the accuracy of the district c...

PacifiCorp, Inc. v. Department of Revenue  
Date: September 14, 2017
Citation: 2017 WY 106
Docket Number: S-16-0084

Justia Opinion Summary: The Supreme Court affirmed the Board of Equalization’s decision affirming the ruling of the Wyoming Department of Revenue against PacifiCorp, Inc., which sought a ruling that its purchases of certain chemicals used in th...

Alford v. State  
Date: September 13, 2017
Citation: 2017 WY 105
Docket Number: S-17-0039

Justia Opinion Summary: The Supreme Court affirmed a district court order denying Appellant’s motion for a sentence reduction. Pursuant to a plea agreement, Appellant pleaded no contest to attempted third degree sexual assault. The district cou...

Hurst v. Metropolitan Property & Casualty Insurance Co.  
Date: September 12, 2017
Citation: 2017 WY 104
Docket Number: S-17-0082

Justia Opinion Summary: Larry Hurst was killed and Sara Hurst was seriously injured while riding their bicycles after a vehicle driven by Hannah Terry struck each of their bicycles. The Hurst filed a claim with their uninsured motorist insuranc...

Donald E. Brunner v. The State of Wyoming
Date: September 12, 2017
Citation: 2017 WY 103
Docket Number: S-17-0121
Majors v. State  
Date: September 11, 2017
Citation: 2017 WY 39 A
Docket Number: S-16-0192

Justia Opinion Summary: Defendant entered a no contest plea to kidnapping and a guilty plea to escape. The district court sentenced him to eight to ten years for escape and 17 to 20 years for kidnapping, to run consecutively. The court awarded...

Schmidt v. State  
Date: September 7, 2017
Citation: 2017 WY 101
Docket Number: S-16-0219

Justia Opinion Summary: The Supreme Court affirmed Defendant’s convictions for two counts of sexual abuse and one count of sexual exploitation of a minor, holding that the district court did not abuse its discretion in admitting the victim’s ou...

Garland v. State  
Date: September 7, 2017
Citation: 2017 WY 102
Docket Number: S-16-0287

Justia Opinion Summary: The Supreme Court affirmed Defendant’s conviction, rendered after a jury trial, of one count of domestic battery and one count of strangulation of a household member for attacking his girlfriend. On appeal, Defendant arg...

Nunamaker v. State  
Date: September 1, 2017
Citation: 2017 WY 100
Docket Number: S-16-0271

Justia Opinion Summary: The Supreme Court affirmed the judgment of the district court convicting Defendant of two counts of sexual abuse of a minor in the first degree and two counts of sexual abuse of a minor in the second degree. On appeal, D...

Boyce v. State ex rel. Department of Workforce Services  
Date: August 31, 2017
Citation: 2017 WY 99
Docket Number: S-16-0278

Justia Opinion Summary: The Supreme Court affirmed the district court’s affirmance of the decision of the Medical Commission, which upheld the Wyoming Workers’ Compensation Division’s denial of benefits to James Boyce. Boyce suffered an inguina...

Board of Professional Responsibility, Wyoming State Bar v. Nick Edward Beduhn, WSB # 6-3763
Date: August 24, 2017
Citation: 2017 WY 97
Docket Number: D-16-0007
Sam v. State  
Date: August 24, 2017
Citation: 2017 WY 98
Docket Number: S-16-0168

Justia Opinion Summary: Defendant was sixteen years old when he committed the crimes at issue in this case. The Supreme Court affirmed Defendant’s convictions of one count of first-degree murder, one count of aggravated assault and battery, and...

Schnitker v. State  
Date: August 23, 2017
Citation: 2017 WY 96
Docket Number: S-16-0236

Justia Opinion Summary: The Supreme Court affirmed Defendant’s conviction of first-degree felony murder but vacated Appellant’s sentence for the aggravated burglary conviction, the underlying felony. The court held (1) the district court did no...

Hurley v. State  
Date: August 23, 2017
Citation: 2017 WY 95
Docket Number: S-16-0281

Justia Opinion Summary: The Supreme Court affirmed Defendant’s conviction for felonious restraint, rendered after a jury trial. The district court sentenced Defendant to incarceration for a period of not less than fifteen months nor more than f...

Kebschull v. State ex rel. Department of Workforce Services, Workers’ Compensation Division  
Date: August 15, 2017
Citation: 2017 WY 94
Docket Number: S-17-0001

Justia Opinion Summary: The Supreme Court affirmed the Medical Commission’s denial of additional temporary total disability benefits to Appellant. The Commission denied benefits after a contested case hearing, concluding that Appellant’s persis...

Gifford v. State  
Date: August 10, 2017
Citation: 2017 WY 93
Docket Numbers: S-16-0240, S-16-0241

Justia Opinion Summary: The Supreme Court affirmed the convictions of Appellants, Michael Tibbets and Donna Gifford, each of three counts of child abuse in relation to injuries inflicted upon their children. The district court sentenced Appella...

Hathaway v. State  
Date: August 7, 2017
Citation: 2017 WY 92
Docket Number: S-16-0196

Justia Opinion Summary: The Supreme Court affirmed Defendant’s convictions of one count of first degree sexual abuse of a minor and one count of second degree sexual abuse of a minor but reversed and remanded for resentencing on Defendant’s fir...

Sweetwater County School District Number One v. Goetz  
Date: August 3, 2017
Citation: 2017 WY 91
Docket Number: S-16-0251

Justia Opinion Summary: Employee was terminated from her position as a custodian at a junior high school for stealing or attempting to steal a backpack belonging to a student. The Board of Trustees of Sweetwater County School District No. 1 (Bo...

Board of Professional Responsibility, Wyoming State Bar v. Clay B. Jenkins, WSB # 5-2249
Date: August 2, 2017
Citation: 2017 WY 89
Docket Number: D-16-0002
Berger v. State  
Date: August 2, 2017
Citation: 2017 WY 90
Docket Number: S-16-0274

Justia Opinion Summary: Appellant pled guilty to third-degree sexual abuse of a minor. The district court accepted the guilty plea and imposed five years of supervised probation. Appellant later filed a motion to withdraw his guilty plea, argui...

Cole v. State  
Date: August 1, 2017
Citation: 2017 WY 87
Docket Number: S-16-0215

Justia Opinion Summary: The Supreme Court affirmed Defendant’s conviction of theft, rendered after a jury trial. On appeal, Defendant argued that the prosecutor committed misconduct when he mentioned Defendant’s race during rebuttal closing arg...

Carrier v. State  
Date: August 1, 2017
Citation: 2017 WY 88
Docket Number: S-16-0265

Justia Opinion Summary: The Supreme Court affirmed Defendant’s convictions for three counts of first-degree sexual abuse of a minor and one count of second-degree sexual abuse of a minor. On appeal, Defendant argued that the district court abus...

City of Casper v. Simonson  
Date: July 27, 2017
Citation: 2017 WY 86
Docket Number: S-16-0247

Justia Opinion Summary: The Supreme Court affirmed the ruling of the district court concluding that the probationary portion of a sentence imposed by the municipal court upon Respondent was illegal. Respondent entered a no contest plea to viola...

Williams v. Matheny  
Date: July 14, 2017
Citation: 2017 WY 85
Docket Number: S-16-0254

Justia Opinion Summary: Bruce Williams submitted a public records request to the Campbell County Sheriff’s office requesting a list of the weapons or implements carried on persons of police officers involved in the killing of Niki Jo Burtsfield...

Board of Professional Responsibility, Wyoming State Bar v. Thomas John Whitney, WSB# 7-5580
Date: July 12, 2017
Citation: 2017 WY 84
Docket Number: D-17-0003
Acorn v. Moncecchi  
Date: July 7, 2017
Citation: 2017 WY 83
Docket Number: S-16-0259

Justia Opinion Summary: The Supreme Court affirmed the district court’s denial of Appellants’ motion to recover attorney fees and costs incurred in this litigation. Three sisters filed claims, counterclaims, and cross-claims in this dispute ov...

Fosen v. State  
Date: July 6, 2017
Citation: 2017 WY 82
Docket Number: S-16-0239

Justia Opinion Summary: The Supreme Court affirmed the district court’s denial of Defendant’s motion to suppress evidence collected pursuant to a search warrant, concluding that the police officer’s affidavit used to obtain the search warrant e...

Villarreal v. State  
Date: July 6, 2017
Citation: 2017 WY 81
Docket Number: S-16-0261

Justia Opinion Summary: The Supreme Court affirmed Defendant’s aggravated assault and battery conviction and reversed and remanded for acquittal on Defendant’s battery conviction, holding (1) the trial court did not commit plain error or deny D...

Board of Professional Responsibility, Wyoming State Bar v. Andrea L. Richard, WSB No. 5-2848
Date: June 28, 2017
Citation: 2017 WY 80
Docket Number: D-14-0001
Cody Vale Scantling v. The State of Wyoming
Date: June 28, 2017
Citation: 2017 WY 78
Docket Number: S-17-0036
Christopher P. Palmer v. The State of Wyoming
Date: June 28, 2017
Citation: 2017 WY 79
Docket Number: S-17-0052
Porter v. Porter  
Date: June 27, 2017
Citation: 2017 WY 77
Docket Number: S-16-0273

Justia Opinion Summary: In this divorce case, the Supreme Court held that the district court did not abuse its discretion in dividing the marital assets and in denying Wife’s request for post-decree alimony of $2,000 per month for ten years. Sp...

Kleinpeter v. Kleinpeter  
Date: June 26, 2017
Citation: 2017 WY 76
Docket Number: S-16-0269

Justia Opinion Summary: When Mother and Father divorced, the decree of divorce awarded legal and physical custody of the parties’ two children to Mother, with Father having rights of reasonable visitation. Approximately four months after the de...

Moose Hollow Holdings, LLC v. Teton County Board of County Commissioners  
Date: June 21, 2017
Citation: 2017 WY 74
Docket Number: S-16-0238

Justia Opinion Summary: Appellants owned residential property in Teton County. JCFT Wyoming Real Estate, LLC owned two parcels in the same area. The Teton County planning director, at Appellants’ request, issued a formal rule interpretation con...

Gaston v. Wagner  
Date: June 21, 2017
Citation: 2017 WY 75
Docket Number: S-16-0250

Justia Opinion Summary: In this probate action, the district court erred by refusing to grant Appellants’ Wyo. R. Civ. P. 40.1 motion for peremptory disqualification of the assigned judge. Appellants, the surviving children of Robert Meeker, c...

Broussard v. State  
Date: June 16, 2017
Citation: 2017 WY 73
Docket Number: S-16-0151

Justia Opinion Summary: The Supreme Court affirmed Defendant’s conviction of one count of aggravated robbery, holding that the district court did erred in ordering Defendant to make pretrial disclosure of information requested by the State purs...

Hamilton v. State  
Date: June 15, 2017
Citation: 2017 WY 72
Docket Number: S-16-0214

Justia Opinion Summary: After a jury trial, Defendant was convicted of five counts of sexual assault and sexual abuse of a minor. Defendant appealed, arguing that he was denied his right to a fair trial due to the cumulative error of three inst...

Sanchez v. State  
Date: June 14, 2017
Citation: 2017 WY 70
Docket Number: S-16-0245

Justia Opinion Summary: Defendant pleaded no contest to second-degree murder. After Defendant was sentenced, the State and Defendant filed a joint motion to correct an illegal sentence, agreeing that Defendant had not been sentenced in accordan...

DeLoge v. State  
Date: June 14, 2017
Citation: 2017 WY 71
Docket Number: S-16-0283

Justia Opinion Summary: Appellant pled guilty to six counts of second-degree sexual assault in 2000 and was sentenced to six consecutive life sentences. The current matter began when Appellant filed a Wyo. R. Crim. P. 36 motion requesting that...

Porter v. State ex rel. Department of Workforce Services  
Date: June 13, 2017
Citation: 2017 WY 69
Docket Number: S-16-0232

Justia Opinion Summary: Collateral estoppel is not given effect to an uncontested Wyoming Workers’ Compensation Division (Division) determination denying workers’ compensation benefits even when the denial is based on a finding that the employe...

Simms v. State  
Date: June 8, 2017
Citation: 2017 WY 68
Docket Number: S-16-0234

Justia Opinion Summary: Defendant, who received state and federal convictions for drug and firearm offenses, filed a motion for a sentence reduction, asking that his aggregate state sentence be altered to run concurrently with the federal sente...

Thomas Gilcrease Foundation v. Cavallaro  
Date: June 7, 2017
Citation: 2017 WY 67
Docket Number: S-16-0233

Justia Opinion Summary: Plaintiff filed a declaratory judgment action against the Teton County Assessor seeking a declaration that the trusts for which it acted as trustee were charitable trusts within the meaning of Wyo. Stat. Ann. 4-10-406(a)...

Cave v. State, Department of Family Services  
Date: June 2, 2017
Citation: 2017 WY 65
Docket Number: S-16-0212

Justia Opinion Summary: Mother appealed after the district court entered an order terminating Mother’s parental rights. The order followed a jury verdict finding that the Department of Family Services had proven two statutory grounds to termina...

Barela v. State  
Date: June 2, 2017
Citation: 2017 WY 66
Docket Number: S-16-0284

Justia Opinion Summary: In 1995, Appellant pled guilty to second-degree murder. In 2016, Appellant filed the two motions at issue in this appeal. The first motion was a request that the district court order the Wyoming Department of Corrections...

In the Interest of: BFW, a Minor Child, DW and KW v. The State of Wyoming
Date: June 1, 2017
Citation: 2017 WY 64
Docket Number: S-16-0224
Dockter v. State  
Date: June 1, 2017
Citation: 2017 WY 63
Docket Number: S-16-0262

Justia Opinion Summary: Appellant appealed his convictions for kidnapping and misdemeanor theft of a cell phone, arguing that there was insufficient evidence to support the convictions. The Supreme Court affirmed, holding (1) a reasonable jury...

P & N Investments, LLC v. Frontier Mall Associates, LP  
Date: May 31, 2017
Citation: 2017 WY 62
Docket Number: S-16-0244

Justia Opinion Summary: Appellant entered into a lease with a Mall to operate a restaurant. The lease required Mall to pay Appellant a finish allowance when certain provisions had been satisfied. The condition at the heart of this dispute requi...

Starr v. State  
Date: May 24, 2017
Citation: 2017 WY 61
Docket Numbers: S-16-0018, S-16-0200

Justia Opinion Summary: A jury found Defendant guilty of one count of aggravated assault and battery after he hit Sam Trujillo with his vehicle. The trial court sentenced Defendant to two to four years in prison. The Supreme Court affirmed Defe...

Baker v. State ex rel. Department of Workforce Services  
Date: May 22, 2017
Citation: 2017 WY 60
Docket Number: S-16-0209

Justia Opinion Summary: The Wyoming Workers’ Compensation Division covered the surgery on Jeffrey Baker’s shoulder, which was injured at work. The Division, however, denied Baker’s subsequent request for temporary total disability benefits rela...

Board of Professional Responsibility, Wyoming State Bar v. Laurence W. Stinson, WSB No. 6-2918
Date: May 17, 2017
Citation: 2017 WY 58
Docket Number: D-15-0007
Whaley v. Flitner Limited Partnership  
Date: May 17, 2017
Citation: 2017 WY 59
Docket Number: S-16-0141

Justia Opinion Summary: Appellants sought the establishment of a private road along the upper portion of Black Mountain Road in Big Horn County, but the Big Horn County Board of County Commissioners established a private road along the lower po...

Tavern, LLC v. Town of Alpine  
Date: May 16, 2017
Citation: 2017 WY 56
Docket Number: S-16-0185

Justia Opinion Summary: Appellants sued the town of Alpine, alleging claims stemming from Alpine’s financing and construction of a new sewage treatment facility. Appellants sought a declaration that Alpine’s loans for the new sewage treatment f...

Burnett v. Burnett  
Date: May 16, 2017
Citation: 2017 WY 57
Docket Number: S-16-0235

Justia Opinion Summary: Wallace Burnett, who owned eleven of the 604 outstanding shares of Burnett Ranch, Inc., filed suit against his three siblings and his son, who owned the other shares. Burnett presented claims for, inter alia, a prelimina...

Sikora v. City of Rawlins  
Date: May 15, 2017
Citation: 2017 WY 55
Docket Number: S-16-0222

Justia Opinion Summary: Clare Sikora filed a declaratory judgment action against the City of Rawlins challenging the City’s issuance of a building permit to her next-door neighbors, Jared and Kasandra Ramsey. The district court ruled in favor o...

In re Interest of DJS-Y v. State  
Date: May 12, 2017
Citation: 2017 WY 54
Docket Number: S-16-0260

Justia Opinion Summary: After the State filed a petition alleging that Mother had neglected her children, the juvenile court entered a consent decree providing that if would be in effect for six months and shall expire and the action be deemed...

Board of Professional Responsibility, Wyoming State Bar v. Nick Edward Beduhn, WSB # 6-3763
Date: May 10, 2017
Citation: 2017 WY 53
Docket Number: D-16-0007
Johnson v. Calkins  
Date: May 10, 2017
Citation: 2017 WY 50
Docket Number: S-16-0177

Justia Opinion Summary: The Supreme Court affirmed the district court’s order terminating the parental rights of Father, the non-custodial parent to his child, under Wyo. Stat. 14-2-309(a)(i) and (iv). The petition seeking termination of Father...

Keith E. Matteri v. The State of Wyoming
Date: May 10, 2017
Citation: 2017 WY 51
Docket Number: S-16-0257
Sky D Phifer v. State of Wyoming, ex rel., Department of Workforce Services, Workers' Compensation Division
Date: May 10, 2017
Citation: 2017 WY 52
Docket Numbers: S-17-0009, S-17-0035
Haire v. State  
Date: May 8, 2017
Citation: 2017 WY 48
Docket Number: S-16-0187

Justia Opinion Summary: The Supreme Court reversed Appellant’s convictions for involuntary manslaughter and reckless endangerment. On appeal, Appellant challenged the district court’s jury instructions on self-defense. The Supreme Court held (1...

Osuch v. Gunnels  
Date: May 8, 2017
Citation: 2017 WY 49
Docket Number: S-16-0228

Justia Opinion Summary: In this dispute between property owners regarding a mistaken property boundary, the district court concluded that Appellees had acquired title to the property at issue by adverse possession. The Supreme Court affirmed, h...

Brock v. State, ex rel. Wyoming Workforce Services, Unemployment Insurance Division  
Date: May 3, 2017
Citation: 2017 WY 47
Docket Number: S-16-0189

Justia Opinion Summary: The Supreme Court answered a question of law regarding the relative priority of liens against real property as follows: A lien against real property created by a certificate of purchase for delinquent taxes pursuant to W...

Gumpel v. Copperleaf Homeowners Ass’n, Inc.  
Date: May 2, 2017
Citation: 2017 WY 46
Docket Number: S-16-0167

Justia Opinion Summary: In this dispute between two neighboring Park County communities - the China Wall Tract and the Copperleaf Subdivision - the district court interpreted the China Wall Tract’s restrictive covenants in a manner that will al...

Brown v. State  
Date: May 1, 2017
Citation: 2017 WY 45
Docket Number: S-16-0148

Justia Opinion Summary: Defendant was charged in the district court with criminal contempt for violating a juvenile court order. Defendant entered a conditional no contest plea to the criminal contempt charges. Defendant then timely appealed, r...

Jones v. State  
Date: April 28, 2017
Citation: 2017 WY 44
Docket Numbers: S-15-0222, S-16-0201

Justia Opinion Summary: Defendant was convicted of second-degree sexual assault of a minor. The district court sentenced Defendant to imprisonment for six to ten years. Defendant moved for a new trial on the ground that his trial attorney was i...

Blevins v. State  
Date: April 27, 2017
Citation: 2017 WY 43
Docket Number: S-16-0191

Justia Opinion Summary: After a jury trial, Appellant was convicted of felony exploitation of a vulnerable adult. On appeal, Appellant argued, inter alia, that the State did not present sufficient evidence to prove that the victim was a vulnera...

Hardy v. State ex rel. Department of Workforce Services, Workers’ Compensation Division  
Date: April 27, 2017
Citation: 2017 WY 42
Docket Number: S-16-0220

Justia Opinion Summary: In 2013, Karen Hardy was injured during the course of her employment. In 2015, Hardy sought treatment for low back pain. The Department of Workforce Services, Workers’ Compensation Division denied payment for Hardy’s med...

Demeitreus Torrez Drew v. The State of Wyoming
Date: April 19, 2017
Citation: 2017 WY 40
Docket Number: S-16-0280
Tonya Oedekoven v. The State of Wyoming
Date: April 19, 2017
Citation: 2017 WY 41
Docket Number: S-16-0292
Majors v. State  
Date: April 11, 2017
Citation: 2017 WY 39
Docket Number: S-16-0192

Justia Opinion Summary: While serving an eighteen to thirty-six-month sentence, Defendant escaped and kidnapped an elderly woman. Defendant entered a no contest plea to a kidnapping charge and a guilty plea to an escape charge. The district cou...

Board of Professional Responsibility, Wyoming State Bar v. Brian M. Reed Benight, Wsb# 7-5100,
Date: April 5, 2017
Citation: 2017 WY 38
Docket Number: D-17-0002
ST v. State  
Date: April 5, 2017
Citation: 2017 WY 36
Docket Number: S-16-0184

Justia Opinion Summary: The State filed a petition alleging that Mother had neglected her two children. Mother admitted to the allegations of the neglect petition and agreed to complete a Department of Family Services (DFS) case plan. The State...

Greer v. Greer  
Date: March 30, 2017
Citation: 2017 WY 35
Docket Number: S-16-0181

Justia Opinion Summary: Mother and Father were divorced while both parties lived in Cody, Wyoming. The court awarded Mother custody of the parties’ children, and Father was awarded liberal visitation. Mother found a job in Arizona after unsucce...

Nicodemus v. State  
Date: March 22, 2017
Citation: 2017 WY 34
Docket Number: S-16-0186

Justia Opinion Summary: Defendant pled guilty to two counts of first degree murder and one count of larceny. Defendant was eighteen years old when he committed the crimes. At that time, the age of majority in Wyoming was nineteen. Defendant was...

Elworthy v. First Tennessee Bank  
Date: March 17, 2017
Citation: 2017 WY 33
Docket Number: S-16-0165

Justia Opinion Summary: This action stemmed from Defendants’ financing of Plaintiffs’ real property located in Wyoming and California. Plaintiffs filed this action in Wyoming against Defendants alleging breach of contract, fraud in the induceme...

Rambo v. Rambo  
Date: March 16, 2017
Citation: 2017 WY 32
Docket Number: S-16-0170

Justia Opinion Summary: Mother and Family divorced in 2013. In 2015, Mother filed a motion for an order to show cause as to why Father should not be held in contempt of court, asserting that Father had failed to pay amounts owed under the divor...

Galiher v. Johnson  
Date: March 14, 2017
Citation: 2017 WY 31
Docket Number: S-16-0188

Justia Opinion Summary: Louise Galiher sued to quiet title to a portion of her property, alleging that the use of the disputed portion of her property by Dennis Johnson and his wife had been permissive. The Johnsons counterclaimed seeking to qu...

Sen v. State  
Date: March 9, 2017
Citation: 2017 WY 30
Docket Number: S-15-0267

Justia Opinion Summary: Appellant was convicted of first-degree felony murder, aggravated burglary, and conspiracy to commit aggravated burglary. After the United States Supreme Court’s decision in Miller v. Alabama and the Supreme Court’s deci...

Halling v. Yovanovich  
Date: March 9, 2017
Citation: 2017 WY 28
Docket Numbers: S-16-0163, S-16-0164

Justia Opinion Summary: David Halling and Joyce Halling each purchased from Brandon Bentley an undivided half interest in certain property. Joyce, individually and as president of MedCon, Inc. (MedCon), executed a promissory note and mortgage a...

Vaughn v. State  
Date: March 9, 2017
Citation: 2017 WY 29
Docket Number: S-16-0169

Justia Opinion Summary: Appellant was adjudicated a delinquent juvenile for committing a sexual offense that required him to register as an offender under the Wyoming Sexual Offender Registration Act (WSORA). Appellant later entered a condition...

Louis J. Smith v. The State of Wyoming
Date: March 8, 2017
Citation: 2017 WY 27
Docket Number: S-16-0270
Inquiry Concerning Honorable Ruth Neely  
Date: March 7, 2017
Citation: 2017 WY 25
Docket Number: J-16-0001

Justia Opinion Summary: In 2014, a newspaper reporter asked Judge Ruth Neely, a municipal court judge and part-time circuit court magistrate, if she was “excited” to be able to perform same-sex marriages. Neely answered that she would not perfo...

TW v. State  
Date: March 7, 2017
Citation: 2017 WY 26
Docket Number: S-16-0157

Justia Opinion Summary: The juvenile court adjudicated Father a neglectful parent to his two children. On appeal, Father argued that he could not be neglectful under the applicable statutes because he did not have physical custody or control of...

Anadarko Land Corp. v. Family Tree Corp.  
Date: March 3, 2017
Citation: 2017 WY 24
Docket Number: S-16-0131

Justia Opinion Summary: The parties in this case disputed title to certain mineral interests underlying certain property. The dispute arose out of a 1911 Laramie County tax assessment against Union Pacific’s mineral interests in the property an...

Board of Professional Responsibility, Wyoming State Bar v. Clay B. Jenkins, WSB # 5-2249
Date: March 1, 2017
Citation: 2017 WY 21
Docket Number: D-16-0002
Board of Professional Responsibility, Wyoming State Bar v. J. Craig Abraham, WSB # 6-3436
Date: March 1, 2017
Citation: 2017 WY 20
Docket Number: D-16-0003
Barrowes v. State  
Date: March 1, 2017
Citation: 2017 WY 23
Docket Number: S-16-0155

Justia Opinion Summary: After a jury trial, Defendant was convicted of aggravated vehicular homicide. The district court sentenced Defendant to a term of fourteen to eighteen years in prison. Defendant appealed, arguing that the evidence presen...

Sweets v. State  
Date: March 1, 2017
Citation: 2017 WY 22
Docket Number: S-16-0158

Justia Opinion Summary: Defendant entered a conditional guilty plea to felony possession of methamphetamine. Defendant reserved the right to challenge the denial of his motion to suppress the warrantless pat-down search of his person. On appeal...

Pearson v. State  
Date: February 28, 2017
Citation: 2017 WY 19
Docket Number: S-16-0055

Justia Opinion Summary: After a jury trial, Defendant was convicted of one count of aggravated arson and one count of attempted first degree murder. On appeal, Defendant argued that there was insufficient evidence for the jury to conclude that...

CP v. State  
Date: February 27, 2017
Citation: 2017 WY 18
Docket Number: S-16-0112

Justia Opinion Summary: The State filed a petition alleging that Mother had neglected her seventeen-year-old son, NP. On January 6, 2016, Mother denied the allegations. Mother’s jury demand was due January 21, 2016. On February 5, 2016, Mother...

Tracy v. Tracy  
Date: February 22, 2017
Citation: 2017 WY 17
Docket Number: S-16-0126

Justia Opinion Summary: Mother and Father divorced pursuant to a stipulated divorce decree that granted Mother custody of the children, subject to Father’s right to liberal visitation. When Mother advised Father that she intended to move to ano...

Mceuen v. State  
Date: February 16, 2017
Citation: 2017 WY 15
Docket Number: S-16-0135

Justia Opinion Summary: After a jury trial, Defendant was convicted of one count of felony interference with a peace officer and of operating an ATV without liability insurance or valid registration. Defendant appealed, challenging her felony i...

Price v. State, ex rel., Department of Workforce Services, Workers' Compensation Division  
Date: February 16, 2017
Citation: 2017 WY 16
Docket Number: S-16-0160

Justia Opinion Summary: In 2004, Appellant suffered a work-related injury. Appellant had shoulder surgery the next year, and the surgery was covered by the Wyoming Workers’ Compensation Division. In 2013, Appellant sought benefits for surgery o...

Shull v. State  
Date: February 9, 2017
Citation: 2017 WY 14
Docket Number: S-16-0046

Justia Opinion Summary: After a jury trial, Defendant was convicted of first degree murder. Defendant appealed, raising four issues related to his position at trial that the killing was not premeditated murder but, rather, the lesser included o...

RB, Jr. v. Big Horn County School District No. 3  
Date: February 7, 2017
Citation: 2017 WY 13
Docket Number: S-16-0142

Justia Opinion Summary: RB was injured when he and his friends were running and sliding on a patch of ice on the sidewalk between buildings at Greybull Middle School. RB sued Big Horn County School District No. 3, alleging that the school distr...

Waterbury v. Waterbury  
Date: February 3, 2017
Citation: 2017 WY 11
Docket Number: S-16-0138

Justia Opinion Summary: Appellee sought an order from the district court finding Appellant in contempt for violating their divorce decree by failing to pay his portion of their two children’s college tuition, expenses, and room and board. The d...

Bush Land Development Co. v. Crook County Weed & Pest Control District  
Date: February 3, 2017
Citation: 2017 WY 12
Docket Number: S-16-0149

Justia Opinion Summary: After Crook County Weed and Pest Control District applied herbicides to control leafy spurge found on property owned by Bush Land Development Company and Victoria Bush (collectively, Bush), many trees in the area of the...

Questar Exploration & Production Co. v. Rocky Mountain Resources, LLC  
Date: February 1, 2017
Citation: 2017 WY 10
Docket Number: S-16-0026

Justia Opinion Summary: In 1951, the State issued two oil and gas leases covering land in Sublette County. One of these leases (the 505 Lease) covered 160 acres, and the other lease (the 529 Lease) covered 480 acres. The leases were later assig...

Tibbetts v. State  
Date: February 1, 2017
Citation: 2017 WY 9
Docket Number: S-16-0134

Justia Opinion Summary: Defendant entered a conditional no contest plea to possession of methamphetamine with the intent to distribute. Defendant appealed, arguing that the district court erred in denying his motion to suppress and finding that...

Williams v. Tharp  
Date: January 30, 2017
Citation: 2017 WY 8
Docket Numbers: S-16-0161, S-16-0161

Justia Opinion Summary: Appellant Bruce Williams asked the Circuit Court for a copy of part of a presentence investigation report in a criminal case. The circuit court denied his request. He brought a petition for a writ of mandamus asking the...

Bohling v. State  
Date: January 25, 2017
Citation: 2017 WY 7
Docket Number: S-16-0144

Justia Opinion Summary: Defendant was convicted of four felony counts of obtaining property by false pretenses and one misdemeanor count of official misconduct. Defendant appealed, arguing that the State was required to prove that the title to...

Wyodak Resources Development Corp. v. Wyoming Department of Revenue  
Date: January 23, 2017
Citation: 2017 WY 6
Docket Number: S-16-0075

Justia Opinion Summary: Appellant, a coal producer that reports the taxable value of its coal to the Department of Revenue using the proportionate profits valuation method, challenged two of the Departments determinations, arguing (1) the Depar...

Tingey v. State  
Date: January 23, 2017
Citation: 2017 WY 5
Docket Number: S-16-0085

Justia Opinion Summary: After a jury trial, Defendant was convicted of two counts of felony interference with a peace officer, one count of misdemeanor interference with a peace officer, and one count of misdemeanor simple assault. The Supreme...

Overson v. State  
Date: January 19, 2017
Citation: 2017 WY 4
Docket Number: S-16-0140

Justia Opinion Summary: Defendant was convicted of felony possession of methamphetamine and possession of methamphetamine with intent to deliver. Defendant appealed his conviction on the charge of possession with intent to deliver, arguing that...

Worley v. State  
Date: January 11, 2017
Citation: 2017 WY 3
Docket Numbers: S-15-0114, S-16-0082, S-16-0083

Justia Opinion Summary: After a jury trial, Defendant was convicted of one count of first-degree sexual assault and one count of battery of a household member. The Supreme Court affirmed, holding (1) trial counsel for Defendant did not provide...

In re Termination of Parental Rights to KGS  
Date: January 11, 2017
Citation: 2017 WY 2
Docket Number: S-16-0137

Justia Opinion Summary: In 2004, KGS was born to Father and Mother. In 2013, a neglect petition was filed against Mother and, after a hearing, KGS was placed in the legal custody of the Department of Family Services. The Department later filed...

Trestin M. Pierce v. The State of Wyoming
Date: January 5, 2017
Citation: 2017 WY 1
Docket Number: S-16-0213
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