Thursday, April 25, 2013

Summary 2013 WY 49

Summary of Decision April 25, 2013

Justice Burke delivered the opinion for the Court. Reversed and remanded.


Docket Number: S-12-0119


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

Representing Petitioner: Diane M. Lozano, State Public Defender; Aaron Hockman, Assistant Public Defender; Tina N. Olson, Appellate Counsel. Argument by Mr. Hockman.

Representing Respondent: Gregory A. Phillips, Attorney General; David L. Delicath, Deputy Attorney General; Theodore R. Racines, Senior Assistant Attorney General. Argument by Mr. Delicath.

Date of Decision: April 25, 2013

Facts: In this interlocutory appeal, Petitioner, SWM, challenged the juvenile court’s determination that he was competent to proceed to adjudication in a delinquency proceeding. He contended that the juvenile court violated his constitutionally protected due process rights when it disregarded relevant evidence and failed to apply the proper standard in determining competency.

Issues: SWM presents one issue: Do the Constitutions of the United States and the State of Wyoming require that the due process considerations that underlie Wyo. Stat. Ann. § 7-11-303 also apply in determining the competency of a minor under Wyo. Stat. Ann. § 14-6-219?

Holdings: The Court agreed that the juvenile court violated SWM’s due process rights and accordingly, the decision of the juvenile court was reversed, and the case remanded for proceedings consistent with this opinion.

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]

No comments:

Check out our tags in a cloud (from Wordle)!