Summary 2013 WY 99

Summary of Decision August 15, 2013

Justice Burke delivered the opinion for the Court. Affirmed.

Case Name: ERIC LEVANTER DEMILLARD v. THE STATE OF WYOMING

Docket Number: S-12-0235

URL: http://www.courts.state.wy.us/Opinions.aspx

Appeal from the District Court of Carbon County, the Honorable Norman E. Young, Judge

Representing Appellant: Diane M. Lozano, State Public Defender; Tina N. Olson, Appellate Counsel; David E. Westling, Senior Assistant Appellate Counsel. Argument by Mr. Westling.

Representing Appellee: Gregory A. Phillips, Attorney General; David L. Delicath, Deputy Attorney General; Theodore R. Racines, Senior Assistant Attorney General; Jessica Y. Frint, Assistant Attorney General. Argument by Ms. Frint.

Date of Decision: August 15, 2013

Facts: Appellant, Eric DeMillard, challenges an order from the district court revoking his probation. He contends the district court abused its discretion in revoking his probation because the conduct violating the terms of his probation was not “willful.” He also claims the district court exceeded statutory authority by ordering involuntary administration of medication in order to restore his competency during the probation revocation proceedings.

Issues: 1. Did the district court abuse its discretion when it revoked Appellant’s probation?
2. Did the district court err in granting the State’s Motion for Involuntary Medication to restore Appellant to competency?

Holdings: The district court did not err in ordering the involuntary administration of medication to restore Appellant’s competency for the probation revocation proceedings. Affirmed.

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

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