Summary 2010 WY 111

Summary of Decision issued August 5, 2010

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

Case Name: Zumberge v. State

Citation: 2010 WY 111

Docket Number: S-09-0255

Appeal from the District Court of Sheridan County, the Honorable John G. Fenn, Judge.

Representing Zumberge: Michael Reese, Contract Appellate Counsel, of Michael Henry Reese, PC; Diane Lozano, Wyoming Public Defender; Tina N. Kerin, Appellate Counsel.

Representing State: Bruce A. Salzburg, Wyoming Attorney General; Terry L. Armitage, Deputy Attorney General; D. Michael Pauling, Senior Assistant Attorney General; Leda M. Pojman, Senior Assistant Attorney General.

Facts/Discussion: Zumberge appealed his conviction for felony driving while under the influence, alleging that his constitutional rights to due process of law and to confront witnesses were violated by the district court’s failure to reasonably accommodate his hearing impairment at trial. Under the Wyoming and federal constitutions, a clear and unequivocal rule of law exists requiring a court to make reasonable accommodations to ensure that a hearing impaired individual can hear and properly participate in the proceedings. It was not until sentencing that Zumberge notified the district court that he had had significant trouble hearing during voir dire and during his trial, and that the means adopted by the district court to prevent that problem were inadequate. The Court noted in their review of the record that the district court had informed Zumberge several times that if he had trouble hearing, he needed to make the court aware of it. The record showed the accommodations made by the district court were reasonable and adequate.

Conclusion: The district court did not abuse its discretion when evaluating Zumberge’s hearing impairment and making accommodations to ensure that he could hear the proceedings.

Affirmed.

J. Voigt delivered the decision.

Link: http://tinyurl.com/2c7gs72 .

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