Wednesday, August 01, 2012

Summary 2012 WY 105

Summary of Decision August 1, 2012

Chief Justice Kite delivered the opinion for the Court. Affirmed.


Docket Number: S-11-0120


Appeal from the District Court of Campbell County, Honorable Michael N. Deegan, Judge.

Representing Appellant: Robert W. Southard, Laramie, Wyoming

Representing Appellee: Gregory A. Phillips, Wyoming Attorney General; David L. Delicath, Deputy Attorney General; D. Michael Pauling, Senior Assistant Attorney General; Jeffrey Pope, Assistant Attorney General. Argument by Mr. Pope.

Date of Decision: August 1, 2012

Facts: A jury found Julie Ann Jacobsen guilty of ten felony counts involving forgery and larceny. She appealed the convictions, claiming her trial counsel was ineffective. She also asked the Court to allow her to supplement the trial record in order to prove her ineffective assistance claim.

Issues: Ms. Jacobsen presented two issues for this Court’s consideration:

Issue One: Did defense counsel fail to investigate this case, obtain documents and witnesses, including an expert, and therefore deny Ms. Jacobsen effective assistance of counsel?

Issue Two: Will this court effectively deny Ms. Jacobsen the right to due process and a meaningful appeal by denying her the opportunity to supplement the trial record in her attempt to prove her appellate claim of ineffective assistance of trial counsel?

Addressing Ms. Jacobsen’s first issue, the State asserted Ms. Jacobsen received effective assistance of counsel and, in any event, the evidence against her was so overwhelming that she was not prejudiced by any ineffectiveness. Addressing her second issue, the State contended this Court properly denied Ms. Jacobsen’s previous motion requesting a partial remand to supplement the record and should not reconsider that ruling.

Holdings: The Court declined Ms. Jacobsen’s request to supplement the record and affirmed her convictions. Affirmed.

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

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