Mills v. StateAnnotate this Case
The Supreme Court reversed the judgment of the district court convicting Defendant of two counts of possession with intent to deliver a controlled substance and one count of interference with a peace officer, holding that Defendant's trial counsel provided ineffective assistance by failing to challenge the extension of Defendant's traffic stop.
The traffic stop in this case led to the discovery of drugs and drug paraphernalia in Defendant's vehicle. Defendant filed a motion to suppress, arguing that the initial stop was not supported by reasonable suspicion. The district court denied the motion. On appeal, Defendant argued, among other things, that his trial counsel provided ineffective assistance by failing to challenge the duration of the traffic stop in his motion to suppress. The Supreme Court reversed and remanded the case, holding (1) Wyo. R. Crim. P. 12(b) precluded plain error review of the issues not raised in Defendant's motion to suppress evidence; and (2) Defendant showed a reasonable probability that, but for counsel's failure to challenge the duration of the stop and the actions of law enforcement officers during the stop, the outcome of the trial would have been different.