Thursday, November 29, 2012

Summary 2012 WY 151

Summary of Decision November 29, 2012

Justice Burke delivered the opinion for the Court. Reversed.


Docket Number: S-12-0065


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

Representing Appellant: Tina N. Olson, Appellate Counsel.

Representing Appellee: Gregory A. Phillips, Attorney General; David L. Delicath, Deputy Attorney General; Meri V. Geringer, Senior Assistant Attorney General.

Date of Decision: November 29, 2012

Facts: Appellant was adjudicated delinquent in juvenile court. Based on the same incident, he was later convicted on a criminal charge. He asserted that the criminal prosecution violated his constitutional right not to be placed twice in jeopardy. The State conceded error. The Court agreed that Appellant’s constitutional rights were violated, and reversed his criminal conviction.

Issues: The first issue presented by Appellant is whether his conviction for sexual abuse of a minor in the second degree should be reversed due to violations of the double jeopardy clauses of the United States and Wyoming Constitutions. Because we reverse his conviction based on this issue, we will not address his second issue, a claim of ineffective assistance of counsel in the criminal proceedings.

Holdings: The record clearly reflects that Appellant was adjudged delinquent, then criminally prosecuted and punished for the same offense. The double jeopardy provisions of our state and federal constitutions provide a clear and unequivocal rule of law prohibiting that subsequent criminal prosecution and punishment, and this rule of law was clearly and obviously transgressed. The prohibited criminal conviction and punishment adversely affected Appellant’s substantial rights and resulted in material prejudice to him. The Court reversed Appellant’s criminal conviction of sexual abuse of a minor in the second degree.

Summaries are prepared by Law Librarians and are not official statements of the Wyoming Supreme Court
[SPECIAL NOTE: This opinion uses the "Universal Citation." It was given an "official" citation when it was issued. You should use this citation whenever you cite the opinion, with a P.3d parallel citation. You will also note when you look at the opinion that all of the paragraphs are numbered. When you need to provide a pinpoint citation to a quote the universal portion of the citation will use that paragraph number. The pinpoint citation in the P.3d portion will need to have the reporter page number. If you need assistance in putting together a citation from this, or any future opinion using the Universal Citation form, please contact the Wyoming State Law Library and we will provide any needed assistance]

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