State v. John
Annotate this Case
The Supreme Court affirmed the judgment of the district court granting Defendant's motion to dismiss the State's case against him, holding that the district court applied the incorrect burden and standard when adjudicating Defendant's motion to dismiss, but the error was harmless.
Defendant was charged with one count of first degree murder. The district court dismissed the case under Wyo. Stat. Ann. 6-2-602(f), which the legislature had recently added to the self-defense statutes. The Supreme Court granted the State's petition for writ of review to address matters of first impression regarding the statute's meaning and application. The Supreme Court held (1) section 6-2-602(f) is a mandatory immunity provision carrying with it a judicial gatekeeping function after the preliminary hearing; (2) the accused must present a prima facie showing that section 6-2-602(f) applies, and if the accused satisfies this minimal burden, the burden shifts to the State to establish by a preponderance of the evidence that section 6-2-602(f) does not apply; and (3) while the district court applied a different burden and standard when it adjudicated Defendant's motion to dismiss, its error was harmless.
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.