Summary 2012 WY 42
View summaries for recently decided Wyoming Supreme Court opinions and Wyoming State Law Library information (announcements, tech how-to tips, and services).
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Labels: 2012 Summary, illegal sentence
Summary of Decision March 19, 2012
[SPECIAL NOTE: This opinion uses the "Universal Citation." It was given an "official" citation when it was issued. You should use this citation whenever you cite the opinion, with a P.3d parallel citation. You will also note when you look at the opinion that all of the paragraphs are numbered. When you need to provide a pinpoint citation to a quote the universal portion of the citation will use that paragraph number. The pinpoint citation in the P.3d portion will need to have the reporter page number. If you need assistance in putting together a citation from this, or any future opinion using the Universal Citation form, please contact the Wyoming State Law Library and we will provide any needed assistance]
Summaries are prepared by Law Librarians and are not official statements of the Wyoming Supreme Court
Case Name: Joseph Dax v. The State of Wyoming
Docket Number: S-11-0182
URL: http://wyomcases.courts.state.wy.us/applications/oscn/DeliverDocument.asp?CiteID=465269
Appeal from the District Court of Natrona County, Honorable David B. Park, Judge
Representing Appellant (Plaintiff/Defendant): Joseph F. Dax, Pro se.
Representing Appellee (Plaintiff/Defendant): Gregory A. Phillips, Wyoming Attorney General; Terry L. Armitage, Deputy Attorney General; D. Michael Pauling, Senior Assistant Attorney General; and Justin A. Daraie, Assistant Attorney General.
Date of Decision: March 19, 2012
Facts: Joseph F. Dax filed this pro se appeal contesting an order denying him credit for time served. Dax claimed he should have received credit against his state sentence for time spent in pre-trial detention on a federal charge.
Issues: Although no issue was stated in Dax’s brief, he argued in the body of his brief that his state sentence should have been credited with time served, beginning from his date of arrest on the federal charge.
Holdings: Res judicata bars review of the issue raised by Dax because he did not take advantage of the opportunity to raise it multiple times before. In this case, he did not show good cause to excuse those failures. Affirmed.
Justice Hill delivered the opinion for the court.
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Summary of Decision March 16, 2012
[SPECIAL NOTE: This opinion uses the "Universal Citation." It was given an "official" citation when it was issued. You should use this citation whenever you cite the opinion, with a P.3d parallel citation. You will also note when you look at the opinion that all of the paragraphs are numbered. When you need to provide a pinpoint citation to a quote the universal portion of the citation will use that paragraph number. The pinpoint citation in the P.3d portion will need to have the reporter page number. If you need assistance in putting together a citation from this, or any future opinion using the Universal Citation form, please contact the Wyoming State Law Library and we will provide any needed assistance]
Summaries are prepared by Law Librarians and are not official statements of the Wyoming Supreme Court
Case Name: Jimmy Dean Smallfoot v. The State of Wyoming
Docket Number: S-11-0192
URL: http://wyomcases.courts.state.wy.us/applications/oscn/DeliverDocument.asp?CiteID=465265
Appeal from the District Court of Campbell County, Honorable Dan R. Price II, Judge
Representing Appellant (Plaintiff/Defendant): Diane Lozano, State Public Defender; Tina N. Olson, Appellant Counsel; Wyoming Public Defender Program. Argument by Ms. Olson.
Representing Appellee (Plaintiff/Defendant): Gregory A. Phillips, Wyoming Attorney General; David L. Delicath, Deputy Attorney General; D. Michael Pauling, Senior Assistant Attorney General; Stewart M. Young, Faculty Director, Joshua Beau Taylor, Student Director, and Benjamin J. Sherman, Student Intern, of the Prosecution Assistance Program. Argument by Mr. Taylor.
Date of Decision: March 16, 2012
Facts: Appellant Jimmy Dean Smallfoot entered a conditional guilty plea to a charge of possession with intent to deliver a controlled substance. He reserved the right to appeal the district court’s denial of his motion to suppress the marijuana discovered inside his residence. Smallfoot claims the drug evidence should have been suppressed because it was the fruit of a constitutionally infirm warrantless entry into his home.
Issues: Smallfoot offers this issue for consideration: Did the trial court err in denying Appellant’s motion to suppress evidence obtained in the warrantless search of his residence?
Holdings: The Court held the district court correctly determined that the officers’ warrantless entry into the West Juniper residence pursuant to Gengozian’s consent was constitutionally permissible. The Court’s holding on this issue obviates the need to determine whether the officers’ entry was justified by exigent circumstances. The district court’s denial of Smallfoot’s motion to suppress is affirmed.
Justice Golden delivered the opinion for the court.
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Labels: 2012 Summary, motion to suppress
Summary of Decision March 14, 2012
[SPECIAL NOTE: This opinion uses the "Universal Citation." It was given an "official" citation when it was issued. You should use this citation whenever you cite the opinion, with a P.3d parallel citation. You will also note when you look at the opinion that all of the paragraphs are numbered. When you need to provide a pinpoint citation to a quote the universal portion of the citation will use that paragraph number. The pinpoint citation in the P.3d portion will need to have the reporter page number. If you need assistance in putting together a citation from this, or any future opinion using the Universal Citation form, please contact the Wyoming State Law Library and we will provide any needed assistance]
Summaries are prepared by Law Librarians and are not official statements of the Wyoming Supreme Court
Case Name: In the Matter of the Wyoming Worker’s Compensation Claim of: Michael Beall #2 v. Sky Blue Enterprises, Inc.
Docket Number: S-11-0162
URL: http://wyomcases.courts.state.wy.us/applications/oscn/DeliverDocument.asp?CiteID=465234
Appeal from the District Court of Carbon County, Honorable Wade E. Waldrip, Judge
Representing Appellant (Plaintiff/Defendant): Donna D. Domonkos, Domonkos Law Office, Cheyenne, Wyoming.
Representing Appellee (Plaintiff/Defendant): Bradley T. Cave, Maryt L. Fredrickson, and Isaac N. Sutphin, Holland & Hart, LLP, Cheyenne, Wyoming.
Date of Decision: March 14, 2012
Facts: Appellant, Michael Beall, received preauthorization from the Wyoming Workers’ Safety and Compensation Division for an orchiectomy, a procedure to remove his left testicle, which he claimed was related to a workplace injury. Mr. Beall’s employer, Sky Blue Enterprises, Inc., objected to the preauthorization and the matter was referred to the Medical Commission Hearing Panel for a contested case hearing. Mr. Beall elected to undergo the surgery prior to the scheduled hearing. The Commission denied Mr. Beall’s claim for reimbursement of medical expenses on the basis that the surgery was not reasonable or necessary medical care resulting from his workplace injury. Mr. Beall appealed to the district court, which affirmed the Commission’s order. He challenges that decision in this appeal.
Issues: Mr. Beall presents the following issues: Whether the Medical Commission’s decision is arbitrary, capricious, or otherwise not in accordance with the law as a result of the fact that Mr. Beall was required to bear the burden of proving his claim for reimbursement of medical expenses. Whether the Medical Commission’s decision is supported by substantial evidence.
Appellee, Sky Blue, states the issues as follows: Whether placing the burden of proof on the claimant Mr. Beall was in accordance with well-settled law and not arbitrary or capricious. Whether the Medical Commission’s decision that Mr. Beall’s orchiectomy and associated medical treatment was not reasonable, necessary, nor causally related to his workplace accident of October 13, 2008, and thus was a noncompensable injury, is supported by substantial evidence.
Holdings: Affirmed.
Justice Burke delivered the opinion for the court.
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Labels: 2012 Summary, evidence, lesser-included offense, relevance
Summary of Decision March 9, 2012
[SPECIAL NOTE: This opinion uses the "Universal Citation." It was given an "official" citation when it was issued. You should use this citation whenever you cite the opinion, with a P.3d parallel citation. You will also note when you look at the opinion that all of the paragraphs are numbered. When you need to provide a pinpoint citation to a quote the universal portion of the citation will use that paragraph number. The pinpoint citation in the P.3d portion will need to have the reporter page number. If you need assistance in putting together a citation from this, or any future opinion using the Universal Citation form, please contact the Wyoming State Law Library and we will provide any needed assistance]
Summaries are prepared by Law Librarians and are not official statements of the Wyoming Supreme Court
Case Name: Marjorie E. Bedessem, Trustee of the Marjorie E. Bedessem Revocable Trust Agreement UTA Dated November 25, 2008 v. David P. Cunningham and Susan M. Cunningham
Docket Number: S-11-0127
URL: http://wyomcases.courts.state.wy.us/applications/oscn/DeliverDocument.asp?CiteID=465175
Appeal from the District Court of Albany County, Honorable Jeffrey A. Donnell, Judge
Representing Appellant (Plaintiff/Defendant): M. Gregory Weisz of Pence and MacMillan LLC, Laramie, Wyoming
Representing Appellee (Plaintiff/Defendant): Steven F. Freudenthal of Freudenthal & Bonds, P.C., Cheyenne, Wyoming
Date of Decision: March 9, 2012
Facts: Marjorie Bedessem (Bedessem), as trustee of her revocable trust, filed a complaint against David and Susan Cunningham (Cunninghams), seeking enforcement of an easement across the Cunningham property to access the Bedessem property. Bedessem claimed an implied access easement or, in the alternative, access pursuant to the restrictive covenants applicable to both properties. The district court found no evidence of an implied easement and that the restrictive covenants authorized only the Architectural Control Committee to sue for enforcement of the covenants. On those grounds it granted Cunninghams’ summary judgment motion.
Issues: On appeal, Bedessem did not challenge the district court’s finding on the implied easement claim and presented only the following issue: Whether the District Court erred when it ruled that Plaintiff did not have standing to enforce a restrictive covenant against Defendants.
Holdings: The Covenants applicable to the Large Tracts grant the Architectural Control Committee the sole right to enforce the Covenants, and the court affirmed the district court’s summary judgment order.
Justice Golden delivered the opinion for the court.
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Labels: 2012 Summary, revocable trust