Summary 2012 WY 40

Summary of Decision March 19, 2012


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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.