|
Vaughn v. State
1998 WY 83
962 P.2d 149
Case Number: 97-79
Decided: 07/02/1998
Supreme Court of Wyoming
Cite as: 1998 WY 83, 962 P.2d 149
Jeremy VAUGHN, Appellant (Defendant),
v.
The STATE of Wyoming, Appellee
(Plaintiff).
Appeal from the District Court, Natrona County, Dan
Spangler, J.
Sylvia Lee Hackl, State
Public Defender, PDP; Donna D. Domonkos, Appellate Counsel; Diane M. Lozano,
Assistant Appellate Counsel, for Appellant. Argument by Ms.
Lozano.
William U. Hill, Attorney
General; Paul Rehurek, Deputy Attorney General; D. Michael Pauling, Senior
Assistant Attorney General; Kimberly A. Baker-Musick, Assistant Attorney
General; Rachel Hodson, Student Intern, PAP, for Appellee. Argument by
Ms. Hodson.
Before LEHMAN, C.J., and
THOMAS, MACY, GOLDEN and TAYLOR,* JJ.
* Chief Justice at the time of oral
argument.
THOMAS, Justice.
[1] The only issue in this case is whether the
district court abused the discretion vested in it when the court denied a Motion
to Continue Probation Revocation filed on behalf of Jeremy Vaughn (Vaughn).
Vaughn's motion asserted that the conduct for which revocation was sought had
been separately charged in the county court and he had not been convicted on
that charge; he was seeking a mental evaluation on the misdemeanor charge; and
the continuance was in the best interests of justice. Other than advancing these
propositions by motion, Vaughn presented no evidence at the revocation hearing
with respect to the grounds for seeking a continuance. We perceive no abuse of
discretion under the circumstances, and the Order of the district court revoking
Vaughn's probation is affirmed.
[2] The issue articulated
in the Brief of the Appellant, filed on behalf of Vaughn
is:
Issue I
Whether the court abused its discretion when it
denied the appellant's motion for continuance thereby denying appellant his due
process right to be competent to stand trial.
[3] This Statement of the
Issue is found in the Brief of Appellee, filed by the State of
Wyoming:
Did the court abuse its discretion when it denied
appellant's motion for a continuance of the probation revocation
proceeding?
[4] Vaughn originally was
charged with the crime of aggravated assault, and on February 17, 1995, he
pleaded guilty to that charge. The
Judgment and Sentence of the district court was entered on May 30, 1995, and
Vaughn was placed on three years supervised probation, including a requirement
that he complete the Community Alternatives Program and seventy-five hours of
community service. Vaughn successfully complied with the conditions of his
probation until October of 1996.
[5] On October 12, 1996,
Vaughn's neighbors complained to Vaughn that his cats had been causing a
nuisance around the neighborhood. Following that complaint, Vaughn went into his
back yard and snapped the neck of one of his kittens, killing it. The killing of
the kitten was witnessed by two small girls. After he killed the kitten, Vaughn
became emotionally agitated and called a friend, who took him to High Plains for
counseling. At High Plains, Vaughn admitted to his probation officer that he had
killed the kitten.
[6] Vaughn was charged in
the county court with one count of cruelty to animals for killing the kitten.
Based upon that incident, a probation revocation hearing was scheduled for
November 21, 1996. At that hearing, Vaughn's attorney moved for a continuance on
the ground that the charge of cruelty to animals was a misdemeanor which had not
been resolved, and Vaughn was seeking a medical evaluation to provide a defense
in the county court to the misdemeanor charge. The district court denied
Vaughn's motion for a continuance. At
the conclusion of the hearing, Vaughn's probation was revoked, and he was
sentenced to the Wyoming State Penitentiary for a term of not less than eighteen
months and not more than twenty-four months with credit for time previously
served.
[7] Vaughn's appeal
presents the question of an abuse of discretion by the district court in denying
his motion for a continuance. A decision to grant or deny a motion for
continuance lies within the sound discretion of the trial court. Teton v. Teton,
933 P.2d 1130, 1132 (Wyo. 1997); Mize v. North Big Horn Hosp. Dist., 931 P.2d
229, 232-33 (Wyo. 1997); Engle v. State, 821 P.2d 1285, 1287 (Wyo. 1991). This
rule extends to a motion for a continuance of a probation revocation hearing.
Schmidt v. State, 738 P.2d 1105, 1108 (Wyo. 1987).
[8] Over the years, an
abuse of discretion has frequently been described by this Court as "an error of
law in the circumstances." Eager v.
Derowitsch, 68 Wyo. 251, 264, 232 P.2d 713, 717 (1951). This phrasing apparently
first appeared in Wyoming in the Eager case, and recent examples of its
invocation are found in Prindle v. State, 945 P.2d 1180, 1183 (Wyo. 1997); Vena
v. State, 941 P.2d 33, 41 (Wyo. 1997); Carroll v. State, 938 P.2d 848, 850 (Wyo.
1997); Scherer v. Scherer, 931 P.2d 251, 254 (Wyo. 1997); Painter v. State ex
rel. Wyoming Worker's Compensation Div., 931 P.2d 953, 956 (Wyo. 1997); Triggs
v. Triggs, 920 P.2d 653, 657 (Wyo. 1996); Lutz v. Schmillen, 915 P.2d 599, 602
(Wyo. 1996); Lund v. Lund, 849 P.2d 731, 740 (Wyo. 1993); RYN, Inc. v. Platte
County Memorial Hosp. Bd. of Trustees, 842 P.2d 1084, 1087 (Wyo. 1992);
Coulthard v. Cossairt, 803 P.2d 86, 91 (Wyo. 1990); In re General Adjudication
of All Rights to Use Water in the Big Horn River System, 753 P.2d 76, 102 (Wyo.
1988); Holmes v. State, 715 P.2d 196, 197 (Wyo. 1986); MJP v. State, 706 P.2d
1108, 1111 (Wyo. 1985); Jahnke v. State, 682 P.2d 991, 1005 (Wyo. 1984); and
Williams v. Stafford, 589 P.2d 322, 329 (Wyo. 1979). We have begun to question
the validity of such a definition of abuse of discretion, and have suggested that "the ultimate
issue is whether or not the court could reasonably conclude as it did." Gaines
v. Doby, 794 P.2d 566, 570 (Wyo. 1990). See also, Love v. Love, 851 P.2d 1283,
1286 (Wyo. 1993).
[9] We conclude that we
should no longer describe an abuse of discretion as an error of law under the
circumstances because a court does not enjoy any discretion with respect to an
error of law. We perceive the core of our inquiry as reaching the question of
reasonableness of the choice made by the trial court. Henceforth, we will turn
to a definition adopted in Martin v. State, 720 P.2d 894, 897 (Wyo. 1986), in
which we said:
Judicial discretion is a composite of many things,
among which are conclusions drawn from objective criteria; it means a sound
judgment exercised with regard to what is right under the circumstances and
without doing so arbitrarily or capriciously. Byerly v. Madsen, 41 Wn. App. 495,
704 P.2d 1236 (1985).
We have invoked that
definition in Lee v. Sage Creek Refining Co., 947 P.2d 791, 793 (Wyo. 1997);
Sorensen v. May, 944 P.2d 429, 432 (Wyo. 1997); Punches v. State, 944 P.2d 1131,
1136 (Wyo. 1997); Brown v. State, 944 P.2d 1168, 1170 (Wyo. 1997); Vena v.
State, 941 P.2d at 41; Nowotny v. L & B Contract Industries, Inc., 933 P.2d
452, 460 (Wyo. 1997); Robinson v. Hamblin, 914 P.2d 152, 155 (Wyo. 1996);
Harston v. Campbell County Memorial Hosp., 913 P.2d 870, 875 (Wyo. 1996); and
Vit v. State, 909 P.2d 953, 957 (Wyo. 1996).
[10] While on occasion we
have offered a more concise concept of abuse of discretion, such as a
determination as to whether or not the court could reasonably conclude as it
did, (Mapp v. State, 929 P.2d 1222, 1225 (Wyo. 1996); Counts v. State, 899 P.2d
1341, 1343 (Wyo. 1995)), or whether the court acted in a manner which exceeded
the bounds of reason under the circumstances (Miller v. State, 904 P.2d 344, 351
(Wyo. 1995); Kupec v. State, 835 P.2d 359, 362 (Wyo. 1992)), in this case we
proceed to determine whether the trial
court could reasonably conclude as it did and whether any facet of its ruling
was arbitrary or capricious. In Minchew v. State, 685 P.2d 30, 32 (Wyo. 1984),
we said that the decision to impose or revoke probation lies within the sound
discretion of the trial court and is not to be disturbed on appeal unless the
trial court acted arbitrarily, or according to whim or
caprice.
[11] The justification for
the proposition that a decision to grant or deny a motion for continuance is
within the sound discretion of the trial court is premised primarily upon the
necessity for a trial court to be able to manage its own docket and schedule the
hearing of cases as it sees fit. In asserting that there was an abuse of
discretion in this instance, Vaughn contends that the district court should have
granted his motion for continuance because the cruelty to animals charge, for
which revocation of his probation was sought, had not been resolved in the
county court. A probation revocation proceeding is not, however, a trial on any
new criminal charge, but it is simply an extension of the sentencing proceeding.
Mapp, 929 P.2d at 1226. The standard of proof is different from that in a
criminal case because a violation of the conditions of probation need not be
established beyond a reasonable doubt.
Swackhammer v. State, 808 P.2d 219, 224 (Wyo. 1991); Panesenko v. State,
706 P.2d 273, 276 (Wyo. 1985). For that reason, a court is not precluded from
revoking probation based upon a violation of law even though the probationer
might be acquitted in the criminal proceeding predicated on that violation.
Gronski v. State, 700 P.2d 777, 778 (Wyo. 1985); Ketcham v. State, 618 P.2d
1356, 1360 (Wyo. 1980). It follows that the resolution of the cruelty to animals
charge pending before the county court was not material with respect to the
probation revocation hearing. To uphold the decision of the district court to
revoke probation it is only necessary that the record demonstrate the court made
a conscientious judgment, after hearing the facts, that a condition of probation
had been violated. Roberts v. State, 912 P.2d 1110, 1112 (Wyo. 1996); Krow v.
State, 840 P.2d 261, 264 (Wyo. 1992). This record satisfies that standard, and the district court did not commit
an abuse of discretion in denying Vaughn's motion for a continuance because of
the pending charge in the county court.
[12] As an alternative
theory for his claim of abuse of discretion in denying his motion for a
continuance, Vaughn argues that he was seeking a mental evaluation that would
justify a change of his plea to not guilty by reason of mental illness or
deficiency on the charge of cruelty to animals pending in the county court. He
sought that determination pursuant to WYO. STAT. 7-11-302 (1995), which
provides:
(a) No person shall be tried, sentenced or punished
for the commission of an offense while, as a result of mental illness or
deficiency, he lacks the capacity, to:
(i) Comprehend his position;
(ii) Understand the nature and object of the proceedings against
him;
(iii) Conduct his defense in a rational manner; and
(iv) Cooperate with his counsel to the end that any available defense
may be interposed.
We assume that this statute
could have been invoked in the probation revocation hearing, but Vaughn did not
request the continuance by asserting that he was not competent to continue with
the probation revocation hearing. He simply contended that the probation
revocation hearing should not be held while he was seeking to establish a
defense or a justification to change his plea to not guilty by reason of mental
illness or deficiency on the misdemeanor charge pending in the county court. We
have explained that the disposition of that charge was not material to the
probation revocation hearing. It follows that the district court did not abuse
its discretion in refusing to grant
Vaughn's motion for a continuance while he proceeded with his effort to obtain a
competency evaluation in connection with the county court
charge.
[13] The record in this
case demonstrates that the district court had ample grounds for reasonably
concluding that it should not grant a continuance of Vaughn's probation
revocation hearing. Nothing suggests that the decision was arbitrary or
capricious, but it was made within the discretion of the trial court to manage
its calendar.
[14] The Order of the
district court revoking Vaughn's probation is affirmed in all
respects.
Citationizer Summary of Documents Citing This Document
| Cite |
Name |
Level |
| Wyoming Supreme Court Cases |
| | Cite | Name | Level |
| | 1998 WY 121, 966 P.2d 954, | Mintun v. State | Cited |
| | 1999 WY 43, 978 P.2d 1138, | Southwestern Public Service Co. v. Thunder Basin Coal Co | Cited |
| | 1998 WY 138, 967 P.2d 26, | Brock v. State | Cited |
| | 1999 WY 4, 971 P.2d 608, | Watt v. Watt | Cited |
| | 1999 WY 60, 977 P.2d 1284, | In re Estate of Gonzales | Cited |
| | 1999 WY 64, 981 P.2d 34, | Solis v. State | Cited |
| | 1999 WY 91, 983 P.2d 717, | Thomas v. Thomas | Cited |
| | 1999 WY 2, 971 P.2d 599, | Rogers v. State | Cited |
| | 1999 WY 132, 988 P.2d 46, | Ryan v. State | Cited |
| | 1999 WY 163, 992 P.2d 560, | Gonzales v. State ex rel. Wyoming Workers'Compensation Div | Cited |
| | 2000 WY 131, 7 P.3d 53, | COOK v. STATE | Cited |
| | 2000 WY 4, 994 P.2d 943, | LAWSON v. STATE | Cited |
| | 2000 WY 36, 997 P.2d 1028, | CARLTON v. CARLTON | Cited |
| | 2000 WY 64, 1 P.3d 1259, | HODGINS v. STATE | Cited |
| | 2000 WY 94, 2 P.3d 548, | CLEARWATER v. STATE | Cited |
| | 2000 WY 144, 7 P.3d 891, | SANDERS v. STATE | Cited |
| | 1999 WY 134, 988 P.2d 518, | Emerson v. State | Cited |
| | 1999 WY 152, 990 P.2d 1005, | Duran v. State | Cited |
| | 2000 WY 77, 3 P.3d 841, | RITTIERODT v. STATE FARM INS. CO. | Cited |
| | 1999 WY 85, 982 P.2d 1242, | Meyer v. Rodabaugh | Cited |
| | 1999 WY 97, 983 P.2d 1221, | Pinther v. Webb | Cited |
| | 1999 WY 170, 992 P.2d 1096, | Jordan v. Brackin | Cited |
| | 2000 WY 16, 996 P.2d 663, | WILLISTON BASIN INTERSTATE PIPELINE CO. v. WYOMING PSC | Cited |
| | 2000 WY 43, 998 P.2d 957, | OLDMAN v. STATE | Cited |
| | 1999 WY 164, 992 P.2d 1065, | Fleenor v. Fleenor | Cited |
| | 2000 WY 97, 2 P.3d 567, | TRUJILLO v. STATE | Cited |
| | 1999 WY 54, 979 P.2d 940, | Roseman v. Sackett | Cited |
| | 1999 WY 62, 981 P.2d 465, | Brock v. State | Cited |
| | 2000 WY 80, 3 P.3d 142, | In re THE WORKER'S COMPENSATION CLAIM OF SHRYACK | Cited |
| | 2000 WY 175, 10 P.3d 554, | TERRY v. SWEENEY | Discussed |
| | 2000 WY 191, 11 P.3d 948, | JOHNSON v. JOHNSON | Cited |
| | 2000 WY 72, 2 P.3d 527, | McGUIRE v. LOWERY | Cited |
| | 2000 WY 195, 12 P.3d 692, | HEINEMANN v. STATE | Cited |
| | 2000 WY 76, 3 P.3d 845, | ELLISON v. STATE | Cited |
| | 2000 WY 185, 11 P.3d 931, | SMITH v. STATE | Cited |
| | 2000 WY 82, 4 P.3d 864, | NIXON v. STATE | Cited |
| | 2000 WY 157, 8 P.3d 1074, | BENDER v. PHILLIPS | Cited |
| | 2000 WY 65, 1 P.3d 1244, | BLACK v. DE BLACK | Cited |
| | 2000 WY 123, 7 P.3d 5, | TRUSKY v. STATE | Cited |
| | 2000 WY 179, 11 P.3d 905, | CAPSHAW v. STATE | Cited |
| | 2000 WY 68, 2 P.3d 517, | LEE v. STATE | Cited |
| | 2000 WY 170, 10 P.3d 551, | STOWE v. STATE | Cited |
| | 2000 WY 211, 14 P.3d 920, | LUCERO v. STATE | Cited |
| | 2000 WY 99, 2 P.3d 578, | COBB v. COBB | Cited |
| | 2000 WY 139, 6 P.3d 1272, | SUVAL v. STATE | Cited |
| | 2000 WY 213, 14 P.3d 925, | REAGAN v. STATE | Cited |
| | 2001 WY 3, 15 P.3d 1066, | STORY v. STATE | Cited |
| | 2001 WY 7, 17 P.3d 20, | WYOMING WORKERS' SAFETY AND COMPENSATION DIV. v. GERRARD | Cited |
| | 2001 WY 14, 17 P.3d 728, | GRISWOLD v. STATE | Cited |
| | 2001 WY 40, 21 P.3d 752, | MILLHEISER AND BORRONI v. WALLACE AND WALLACE | Cited |
| | 2001 WY 41, 21 P.3d 749, | BELLESS v. BELLESS | Cited |
| | 2001 WY 43, 22 P.3d 861, | PACE v. PACE | Cited |
| | 2001 WY 50, 24 P.3d 1142, | YOUNG v. HAC, LLC d/b/a BENHAM'S | Cited |
| | 2001 WY 62, 27 P.3d 270, | PARSONS v. PARSONS | Cited |
| | 2001 WY 64, 27 P.3d 695, | SNYDER v. LOVERCHECK | Cited |
| | 2001 WY 68, 28 P.3d 855, | CAPSHAW v. WERCS | Cited |
| | 2001 WY 79, 30 P.3d 542, | ERHART v. EVANS | Cited |
| | 2001 WY 91, 33 P.3d 107, | IN THE MATTER OF THE BOARD OF COUNTY COMMISSIONERS, SUBLETTE COUNTY | Cited |
| | 2001 WY 106, 33 P.3d 1138, | CALDWELL, III v. CUMMINGS | Cited |
| | 2001 WY 107, 33 P.3d 1143, | DEWEY v. DEWEY | Cited |
| | 2001 WY 108, 34 P.3d 278, | THOMPSON v. BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF SUBLETTE | Cited |
| | 2001 WY 123, 35 P.3d 1240, | PRODUIT v. PRODUIT, JR. | Cited |
| | 2002 WY 2, 38 P.3d 402, | DEWEY v. WENTLAND | Cited |
| | 2002 WY 3, 37 P.3d 1286, | HART v. STATE | Discussed |
| | 2002 WY 39, 42 P.3d 478, | MT. RUSHMORE BROADCASTING, INC. v. STATEWIDE COLLECTIONS | Cited |
| | 2002 WY 46, 43 P.3d 108, | ANDERSON v. STATE | Cited |
| | 2002 WY 48, 43 P.3d 551, | ALLEN v. STATE | Cited |
| | 2002 WY 52, 44 P.3d 28, | DAUGHERTY v. STATE | Cited |
| | 2002 WY 54, 44 P.3d 47, | CAPSHAW v. SCHIECK | Cited |
| | 2002 WY 56, 44 P.3d 943, | TRUJILLO v. STATE | Cited |
| | 2002 WY 57, 44 P.3d 68, | ALCARAZ v. STATE | Cited |
| | 2002 WY 63, 45 P.3d 225, | O'BRIEN v. STATE | Cited |
| | 2002 WY 66, 45 P.3d 641, | FERGUSSON v. FERGUSSON | Cited |
| | 2002 WY 67, 45 P.3d 647, | MULTIPLE RESORT OWNERSHIP PLAN, INC. v. DESIGN-BUILD-MANAGE, INC. | Cited |
| | 2002 WY 71, 46 P.3d 309, | BURTON v. STATE | Cited |
| | 2002 WY 82, 47 P.3d 194, | GRIFFIN v. WYOMING DEPT. OF TRANSPORTATION | Cited |
| | 2002 WY 96, 48 P.3d 1099, | HENSLEY v. STATE | Cited |
| | 2002 WY 100, 49 P.3d 975, | WILKS v. STATE | Cited |
| | 2002 WY 114, 50 P.3d 705, | GORE v. SHERARD | Cited |
| | 2002 WY 123, 53 P.3d 79, | WAGSTAFF v. SUBLETTE COUNTY BOARD OF COUNTY COMMISSIONERS | Cited |
| | 2002 WY 131, 53 P.3d 559, | VAUGHAN v. WYOMING WORKERS' COMPENSATION DIVISION | Cited |
| | 2002 WY 133, 53 P.3d 551, | SCHADE v. STATE | Cited |
| | 2002 WY 138, 54 P.3d 754, | HORN v. WELCH | Cited |
| | 2002 WY 139, 54 P.3d 748, | HUISH v. SULENTA | Cited |
| | 2002 WY 145, 55 P.3d 23, | BAILEY v. WYOMING WORKERS' SAFETY AND COMPENSATION DIVISION | Cited |
| | 2002 WY 151, 55 P.3d 714, | BOARD OF COUNTY COMMISSIONERS FOR SUBLETTE COUNTY, WYOMING v. EXXON MOBILE CORPORATION | Cited |
| | 2002 WY 159, 57 P.3d 324, | PASENELLI v. PASENELLI | Cited |
| | 2002 WY 162, 56 P.3d 636, | TERRY v. STATE | Cited |
| | 2002 WY 180, 60 P.3d 124, | WATSON v. WATSON | Cited |
| | 2003 WY 20, 63 P.3d 875, | DYSTHE v. STATE | Cited |
| | 2003 WY 22, 63 P.3d 887, | SINCLAIR OIL CORPORATION v. WYOMING PUBLIC SERVICE COMMISSION | Cited |
| | 2003 WY 25, 64 P.3d 724, | HERRERA v. STATE | Cited |
| | 2003 WY 27, 64 P.3d 734, | HEILIG v. WYOMING GAME AND FISH COMMISSION | Cited |
| | 2003 WY 32, 64 P.3d 743, | ROBINSON v. STATE | Cited |
| | 2003 WY 46, 67 P.3d 536, | OLSEN v. STATE | Cited |
| | 2003 WY 47, 70 P.3d 179, | HARLOW v. STATE | Cited |
| | 2003 WY 51, 67 P.3d 635, | ECKENROD v. STATE | Cited |
| | 2003 WY 55, 67 P.3d 1191, | MILLER v. STATE | Cited |
| | 2003 WY 57, 67 P.3d 1207, | URBIGKIT v. STATE | Cited |
| | 2003 WY 64, 69 P.3d 404, | SWEETS v. STATE | Cited |
| | 2003 WY 65, 69 P.3d 407, | FORD v. STATE | Cited |
| | 2003 WY 72, 70 P.3d 238, | BROWN v. STATE | Cited |
| | 2003 WY 87, 72 P.3d 1158, | SMITH v. SMITH | Cited |
| | 2003 WY 89, 73 P.3d 1041, | BELDEN v. STATE | Cited |
| | 2003 WY 100, 75 P.3d 614, | ROCK SPRINGS LAND AND TIMBER, INC. v. LORE | Cited |
| | 2003 WY 107, 76 P.3d 799, | COSSETTE v. COSSETTE | Cited |
| | 2003 WY 109, 76 P.3d 296, | BURNHAM v. COFFINBERRY | Cited |
| | 2003 WY 115, 76 P.3d 323, | SINCOCK v. STATE | Cited |
| | 2003 WY 120, 76 P.3d 830, | MORGANFLASH v. STATE | Cited |
| | 2003 WY 121, 76 P.3d 836, | READY v. READY | Discussed |
| | 2003 WY 123, 76 P.3d 1250, | EKBERG v. SHARP | Cited |
| | 2003 WY 126, 77 P.3d 412, | WILSON v. LUCERNE CANAL AND POWER COMPANY | Cited |
| | 2003 WY 129, 77 P.3d 1219, | IN THE MATTER OF THE ESTATE OF GEORGE | Cited |
| | 2003 WY 143, 78 P.3d 1045, | PENNER v. STATE | Cited |
| | 2003 WY 145, 79 P.3d 36, | RT COMMUNICATIONS, INC. v. PUBLIC SERVICE COMMISSION FOR THE STATE OF WYOMING | Cited |
| | 2003 WY 155, 79 P.3d 997, | DH v. WYOMING DEPARTMENT OF FAMILY SERVICES | Cited |
| | 2003 WY 157, 79 P.3d 1188, | STONHAM v. WIDIASTUTI | Cited |
| | 2003 WY 161, 81 P.3d 184, | YATES v. YATES | Cited |
| | 2004 WY 4, 83 P.3d 468, | MAJOR v. STATE | Cited |
| | 2004 WY 18, 85 P.3d 432, | CAA v. ZWA | Cited |
| | 2004 WY 40, 87 P.3d 1250, | PAHL v. PAHL | Cited |
| | 2004 WY 59, 90 P.3d 708, | VAN HAELE v. STATE | Cited |
| | 2004 WY 61, 90 P.3d 724, | WOODS v. WELLS FARGO BANK WYOMING | Discussed |
| | 2004 WY 64, 91 P.3d 152, | FETZER v. J.D. DAYLEY & SONS, INC. | Cited |
| | 2004 WY 73, 92 P.3d 794, | EASUM v. MILLER | Cited |
| | 2004 WY 74, 92 P.3d 805, | KC v. STATE | Cited |
| | 2004 WY 76, 92 P.3d 819, | PAULEY v. NEWMAN | Cited |
| | 2004 WY 91, 94 P.3d 1034, | STRICKLAND v. STATE | Cited |
| | 2004 WY 94, 96 P.3d 472, | KLAHN v. STATE | Cited |
| | 2004 WY 100, 96 P.3d 1016, | KENYON v. STATE | Cited |
| | 2004 WY 102, 96 P.3d 1046, | INGERSOLL v. STATE | Cited |
| | 2004 WY 124, 99 P.3d 964, | SIMS v. DAY | Cited |
| | 2004 WY 127, 99 P.3d 982, | MAM v. DEPARTMENT OF FAMILY SERVICES | Cited |
| | 2004 WY 140, 100 P.3d 852, | JACOBY v. JACOBY | Cited |
| | 2004 WY 153, 101 P.3d 465, | BELL v. SCHELL | Cited |
| | 2004 WY 155, 101 P.3d 908, | WATTERS v. STATE OF WYOMING | Discussed |
| | 2005 WY 5, 104 P.3d 756, | CARMEN T. ARAGON V. MICHAEL JAMES ARAGON | Cited |
| | 2005 WY 44, 109 P.3d 544, | ANNE V. CARROLL V. WILLIAM JOHN LAW | Cited |
| | 2005 WY 45, 109 P.3d 548, | RANDY EUGENE BEEMAN V. MELLISSA LEANN BEEMAN | Cited |
| | 2005 WY 51, 110 P.3d 275, | PATRICIA GROVE and KRISTA GROVE V. RANDLE PFISTER | Cited |
| | 2005 WY 93, 117 P.3d 454, | ROY FREDERICK DAVIS V. THE STATE OF WYOMING | Cited |
| | 2005 WY 99, 117 P.3d 1244, | JERAL DEE HARSHBERGER V. CHARLES A. HARSHBERGER | Cited |
| | 2005 WY 129, 120 P.3d 1020, | KAORI McGUIRE, n/k/a KAORI POWERS, Individually and as Conservator/Guardian/Custodian of LANAYA KAORI HATCH, DOB 9/19/90, AUTUMN DAWN HATCH, DOB 8/18/95, and COLTON DANIEL HATCH, DOB 4/08/99, minors V. MESIAS SOLIS | Cited |
| | 2005 WY 137, 121 P.3d 150, | IN THE MATTER OF THE WORKER'S COMPENSATION CLAIM OF TIMOTHY SMITH: STATE OF WYOMING, ex rel., WYOMING WORKERS' SAFETY AND COMPENSATION DIVISION V. TIMOTHY SMITH | Cited |
| | 2006 WY 2, 125 P.3d 1019, | ANNE WHITE V. TABLE MOUNTAIN RANCHES OWNERS ASSOCIATION, INC. | Cited |
| | 2006 WY 19, 127 P.3d 800, | KAREN D. RODENBOUGH, f/k/a KAREN D. MILLER V. MATTHEW B. MILLER | Cited |
| | 2006 WY 26, 130 P.3d 869, | DALE EVAN PEDEN V. THE STATE OF WYOMING | Cited |
| | 2006 WY 68, 134 P.3d 1262, | TW v. BM | Cited |
| | 2006 WY 83, 138 P.3d 665, | MITCHELL S. SHELHAMER V. SHARON G. SHELHAMER, n/k/a SHARON G. ALTERMATT | Cited |
| | 2006 WY 103, 141 P.3d 101, | VIRGINIA K. HAMPTON V. THE STATE OF WYOMING | Cited |
| | 2006 WY 141, 145 P.3d 457, | JOHN ANTHONY MESSER V. THE STATE OF WYOMING | Cited |
| | 2007 WY 10, 150 P.3d 653, | THOMAS L. WILSON and HELEN L. WILSON V. LUCERNE CANAL AND POWER COMPANY | Cited |
| | 2007 WY 73, 157 P.3d 455, | FML V. TW | Cited |
| | 2007 WY 106, 161 P.3d 515, | JEFFREY RAYMOND STARKEY V. MICHELLE ELISE STARKEY | Cited |
| | 2007 WY 131, 165 P.3d 105, | EDWARD ALLEN HOLCOMB V. THE STATE OF WYOMING | Cited |
| | 2007 WY 207, 173 P.3d 405, | GARY KENT OPITZ V. SHELIE KAY OPITZ | Cited |
| | 2008 WY 4, 174 P.3d 1270, | ANDREW JOHN YELLOWBEAR, JR. V. THE STATE OF WYOMING | Discussed |
| | 2008 WY 58, 185 P.3d 1, | LADONNA J. CAROTHERS V. THE STATE OF WYOMING | Cited |
| | 2008 WY 65, 185 P.3d 679, | MICHAEL HANNIFAN and KEVIN HAMPLEMAN V. THE AMERICAN NATIONAL BANK OF CHEYENNE, as Conservator of the Estate of LESLIE ROY "LES" BUTTS, DAVIS and DAWSON BUTTS, the minor children of Les Butts and Heather Butts, by their mother and natural guardian, Heather Butts | Discussed |
| | 2008 WY 97, 192 P.3d 36, | DALE WAYNE EATON V. THE STATE OF WYOMING | Cited |
| | 2008 WY 142, 196 P.3d 802, | BRYAN PAUL SHARP v. THE STATE OF WYOMING | Cited |
| | 2009 WY 28, 202 P.3d 409, | IN THE INTEREST OF MM, a Minor: MM V. THE STATE OF WYOMING, DEPARTMENT OF FAMILY SERVICES | Cited |
| | 2009 WY 37, 202 P.3d 1072, | DUSTIN LEE NELSON v. THE STATE OF WYOMING | Cited |
| | 2009 WY 136, 218 P.3d 968, | ESTEBAN LEGARDA-CORNELIO aka OTHONIEL LEGARDA CORNELIO V. THE STATE OF WYOMING | Cited |
| | 2009 WY 154, 221 P.3d 972, | DONALD ALICK CROSS V. THE STATE OF WYOMING | Cited |
| | 2010 WY 59, 230 P.3d 329, | HEATHER M. ZUPAN v. JOHN M. ZUPAN | Cited |
| | 2010 WY 63, 231 P.3d 873, | IN THE MATTER OF THE ESTATE OF: LARRY MICHAEL JOHNSON, Deceased. KELLIANN JOHNSON V. LARRY M. JOHNSON | Cited |
| | 2010 WY 70, 232 P.3d 604, | LISA LAUDERMAN V. STATE OF WYOMING, DEPARTMENT OF FAMILY SERVICES ex rel. JEN, a minor child and RUSSELL NOMURA | Discussed |
| | 2010 WY 108, 237 P.3d 393, | ANDREW ELI GOMEZ V. THE STATE OF WYOMING | Cited |
| | 2010 WY 126, 239 P.3d 1168, | JACK DOLLARHIDE V. SCOTT BANCROFT, MURRAY SHATTUCK, and MICHAEL JOHNSON | Discussed |
| | 2010 WY 139, 241 P.3d 497, | RICHARD JOHN WINSTED v. THE STATE OF WYOMING | Cited |
| | 2010 WY 144, 242 P.3d 1011, | JAN KRUSE, n/k/a JAN TWYFORD v. JAMES KRUSE | Cited |
| | 2010 WY 163, 245 P.3d 316, | VICTOR L. McMURRY v, ROBYN LOVING McMURRY | Cited |
| | 2011 WY 10, 245 P.3d 834, | JUSTIN DANIEL BREAZEALE v. THE STATE OF WYOMING | Cited |
| | 2011 WY 51, 248 P.3d 637, | STEVEN D. BONNEY v. THE STATE OF WYOMING | Cited |
| | 2011 WY 132, 261 P.3d 717, | MARSHALL LOUIS WASHINGTON v. THE STATE OF WYOMING | Cited |
| | 2012 WY 2, 268 P.3d 248, | KRUGER v. STATE OF WYOMING | Cited |
Citationizer: Table of Authority
| Cite |
Name |
Level |
| Wyoming Supreme Court Cases |
| | Cite | Name | Level |
| | 1951 WY 20, 232 P.2d 713, 68 Wyo. 251, | Eager v. Derowitsch | Cited |
| | 1979 WY 1, 589 P.2d 322, | Williams v. Stafford | Cited |
| | 1980 WY 98, 618 P.2d 1356, | Ketcham v. State | Cited |
| | 1984 WY 54, 682 P.2d 991, | Jahnke v. State | Cited |
| | 1984 WY 81, 685 P.2d 30, | Minchew v. State | Cited |
| | 1985 WY 70, 700 P.2d 777, | JOHN GRONSKI v. THE STATE OF WYOMING | Cited |
| | 1985 WY 146, 706 P.2d 273, | Panesenko v. State | Cited |
| | 1985 WY 152, 706 P.2d 1108, | MJP v. State | Cited |
| | 1986 WY 59, 715 P.2d 196, | Holmes v. State | Cited |
| | 1986 WY 135, 720 P.2d 894, | Martin v. State | Cited |
| | 1987 WY 80, 738 P.2d 1105, | Schmidt v. State | Cited |
| | 1988 WY 19, 753 P.2d 76, | In re General Adjudication of All Rights to Use Water in the Big Horn River System | Cited |
| | 1990 WY 72, 794 P.2d 566, | Gaines v. Doby | Cited |
| | 1990 WY 145, 803 P.2d 86, | Coulthard v. Cossairt | Cited |
| | 1991 WY 44, 808 P.2d 219, | Swackhammer v. State | Cited |
| | 1991 WY 151, 821 P.2d 1285, | Engle v. State | Cited |
| | 1992 WY 138, 840 P.2d 261, | Krow v. State | Cited |
| | 1992 WY 171, 842 P.2d 1084, | RYN, Inc. v. Platte County Memorial Hosp. Bd. of Trustees | Cited |
| | 1992 WY 92, 835 P.2d 359, | Kupec v. State | Cited |
| | 1993 WY 68, 851 P.2d 1283, | Love v. Love | Cited |
| | 1993 WY 46, 849 P.2d 731, | Lund v. Lund | Cited |
| | 1995 WY 118, 899 P.2d 1341, | Counts v. State | Cited |
| | 1997 WY 115, 944 P.2d 1168, | Brown v. State | Cited |
| | 1997 WY 125, 947 P.2d 791, | Lee v. Sage Creek Refining Co. | Cited |
| | 1997 WY 18, 931 P.2d 251, | Scherer v. Scherer | Cited |
| | 1997 WY 83, 941 P.2d 33, | Vena v. State | Cited |
| | 1996 WY 50, 913 P.2d 870, | Harston v. Campbell County Memorial Hosp. | Cited |
| | 1997 WY 108, 944 P.2d 1131, | Punches v. State | Cited |
| | 1995 WY 171, 904 P.2d 344, | Miller v. State | Cited |
| | 1996 WY 94, 920 P.2d 653, | Triggs v. Triggs | Cited |
| | 1996 WY 165, 929 P.2d 1222, | Mapp v. State | Cited |
| | 1997 WY 11, 931 P.2d 229, | Mize v. North Big Horn Hosp. Dist. | Cited |
| | 1996 WY 30, 912 P.2d 1110, | Roberts v. State | Cited |
| | 1996 WY 49, 914 P.2d 152, | Robinson v. Hamblin | Cited |
| | 1996 WY 1, 909 P.2d 953, | Vit v. State | Cited |
| | 1997 WY 17, 931 P.2d 953, | Painter v. State ex rel. Wyoming Worker's Compensation Div | Cited |
| | 1996 WY 58, 915 P.2d 599, | Lutz v. Schmillen | Cited |
| | 1997 WY 46, 933 P.2d 1130, | Teton v. Teton | Cited |
| | 1997 WY 39, 933 P.2d 452, | Nowotny v. L & B Contract Industries, Inc. | Cited |
| | 1997 WY 60, 938 P.2d 848, | Carroll v. State | Cited |
| | 1997 WY 113, 945 P.2d 1180, | Prindle v. State | Cited |
| | 1997 WY 107, 944 P.2d 429, | Sorensen v. May | Cited |
|