Friday, April 12, 2013

Summary 2013 WY 43

Summary of Decision April 12, 2013

Justice Davis delivered the opinion for the Court. Affirmed.


Docket Number: S-12-0199


Appeal from the District Court of Hot Springs County, Honorable Robert E. Skar, Judge.

Representing Appellant: Curtis Cheney of Messenger & Overfield, PC, Thermopolis, Wyoming

Representing Appellee: Gregory A. Phillips, Wyoming Attorney General; Robin Sessions Cooley, Deputy Attorney General; Jill E. Kucera, Senior Assistant Attorney General; Leda M. Pojman, Senior Assistant Attorney General. Argument by Ms. Pojman.

Representing Guardian Ad Litem: Dan S. Wilde, Permanency Attorney, Wyoming Guardian Ad Litem Program, Cheyenne, Wyoming; and Claudia Lair, Student Intern. Argument by Ms. Lair.

Date of Decision: April 12, 2013

Facts: After an adjudicatory hearing in this abuse and neglect case, Appelllant was found to have neglected her three children. She challenged that decision on the grounds that she was denied fundamental due process rights because the trial court declined to grant a motion to dismiss or to strike witnesses after claimed discovery violations by the State, and because the evidence was insufficient to support a finding of neglect.

Issues: 1. Did the trial court abuse its discretion when it denied Appellant’s motion to dismiss and to strike witnesses for claimed discovery violations that were not brought to the court’s attention until the date of the trial, and did its rulings on this issue result in a denial of due process?

2. Was there sufficient evidence to support the trial court’s finding of neglect?

Holdings: The Court found that the trial judge did not abuse his discretion in dealing with the claimed discovery violations, that Appellant received due process, and that the evidence was sufficient to support a finding of neglect. Affirmed.

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

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