Thursday, July 12, 2007

Summary 2007 WY 109

Summary of Decision issued July 12, 2007

[SPECIAL NOTE: This opinion uses "Universal Citation" and was given an "official" citation when issued. You should use this citation whenever you cite the opinion, with a P.3d parallel citation. You will note that all of the paragraphs are numbered. When you need to provide a pinpoint citation, the universal portion of the citation will use that paragraph number. The pinpoint citation in the P.3d portion should include the reporter page number. If you need assistance, please contact the Wyoming State Law Library.]

Summaries are prepared by Law Librarians and are not official statements of the Wyoming Supreme Court.

Case Name: King v. State, ex rel., WY DOT

Citation: 2007 WY 109

Docket Number: 06-114, 06-252

Appeal from the District Court of Laramie County, the Honorable Nicholas G. Kalokathis, Judge (06-114) and the Honorable Peter G. Arnold, Judge (06-252)

Representing Appellant (Petitioner): Ronald G. Pretty, Cheyenne, Wyoming.

Representing Appellee (Respondent): Patrick J. Crank, Attorney General; Robin Sessions Cooley, Deputy Attorney General; Douglas J. Moench, Senior Assistant Attorney General; Dana Jill Lent, Assistant Attorney General.

Issues: Whether Wyo. Stat. Ann. § 31-7-305(n) violates equal protection guarantees under the Wyoming and federal constitutions. Whether the Hearing Examiner has the authority to suspend King’s commercial driver’s license.

Facts/Discussion: Case No. 06-114 is an appeal from the district court’s review of an administrative hearing decision revoking Mr. King’s commercial driver’s license. Case No. 06-252 is an appeal from the district court’s dismissal of his petition for declaratory judgment. Issues of constitutionality are questions of law and are reviewed de novo.
In Wilson, the Court determined the characteristic of driving dangerous vehicles was highly relevant to the public safety purposes achieved by a commercial driver’s suspension. Mr. King’s brief included no persuasive argument for revisiting the issue and overturning Wilson.

Holding: The Court held that Wyo. Stat. Ann. § 31-7-305(n) did not violate Mr. King’s equal protection rights. The Court refused to consider Mr. King’s argument that the Hearing Examiner had no right to suspend his driver’s license under the statute because he did not raise the issue before the Hearing Examiner nor did he pursue it on direct review in the district court.


J. Burke delivered the decision.

Link: (available later) or check the Judiciary page.

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