Thursday, August 29, 2013

Summary 2013 WY 102

Summary of Decision August 29, 2013

Justice Hill delivered the opinion for the Court. Affirmed.


Docket Number: S-12-0263


Appeal from the District Court of Sublette County the Honorable Marvin L. Tyler, Judge

Representing Appellant: Diane Lozano, State Public Defender; Tina N. Olson, Chief Appellate Counsel; Eric M. Alden, Senior Assistant Appellate Counsel, Wyoming Public Defender Program, Cheyenne, WY. Argument by Mr. Alden.

Representing Appellee: Gregory A. Phillips, Wyoming Attorney General; David L. Delicath, Deputy Attorney General; Theodore R. Racines, Senior Assistant Attorney General; Darrell D. Jackson, Faculty Director, Prosecution Assistance Clinic; Emily Thomas, Student Director; and Jared D. Holbrook, Student Intern. Argument by Mr. Holbrook.

Date of Decision: August 29, 2013

Facts: Following a jury trial, Charles Secrest (Secrest) was found guilty of aggravated assault and battery. On appeal, Secrest contends that the district court violated his Sixth Amendment right to counsel when the court denied his motion to continue his jury trial to allow his newly retained counsel additional time to prepare for trial. Secrest further contends that the jury’s special verdict findings contain inconsistencies that require a new trial.

Issues: Secrest states the issues on appeal as follows: I. Was Mr. Secrest denied his constitutional right to representation by the attorney of his choice? II. Was the jury’s verdict defective?

Holdings: The district court did not abuse its discretion in denying Secrest’s motion to continue his jury trial to allow newly retained counsel additional time to prepare for trial, and there was no plain error in the alleged inconsistencies in the verdict form. Affirmed.

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

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