Summary 2008 WY 17

Summary of Decision issued February 13, 2008

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

Case Name: Dee v. State

Citation: 2008 WY 17

Docket Number: S-07-0185

Appeal from the District Court of Laramie County, the Honorable Edward L. Grant, Judge

Representing Appellant (Plaintiff): Michael Dee, pro se.

Representing Appellee (Defendant): Bruce A. Salzburg, Attorney General; Terry L. Armitage, Deputy Attorney General.

Facts/Discussion: Dee appealed from the district court’s order dismissing his declaratory judgment action. Dee was convicted in 1982 of possessing and cultivating marijuana. The record does not reflect that he appealed his conviction.

Holding: Dee focused his attention exclusively on the constitutionality of the marijuana statutes, reasserting the same claims raised in the underlying declaratory judgment action. The district court dismissed those claims on res judicata grounds and Dee did not present any legal arguments directly challenging the district court’s determination. Dee also did not appeal his 1982 conviction in which he could have asked that it be overturned. He presented no argument to support that untimely request now. Consequently, his conviction is res judicata too. The Court summarily affirmed the district court’s order dismissing Dee’s complaint.

Affirmed.

J. Golden delivered the decision.

Link: http://tinyurl.com/yorgk3 .

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