Tuesday, November 19, 2013

Summary 2013 WY 143

Justice Davis delivered the opinion of the Court. Reversed and remanded with directions to vacate.


Docket Number: S-13-0053

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

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

Representing Appellant: Office of the State Public Defender: Diane Lozano, State Public Defender; Tina N. Olson, Chief Appellate Counsel; Eric M. Alden, Senior Assistant Appellate Counsel. Argument by Mr. Alden.

Representing Appellee: Gregory A. Phillips, Wyoming Attorney General; David L. Delicath, Deputy Attorney General; Jeffrey Pope, Assistant Attorney General; Brian J. Fuller, Student Intern. Argument by Mr. Fuller.

Date of Decision: November 19, 2013

Facts: Appellant Shirley Weidt was found guilty of indirect criminal contempt for failure to comply with an injunction and a nunc pro tunc amendment that allowed Sheridan County to enter her property and remove vehicles and trailers which violated county zoning ordinances.

Issue: Did the State present sufficient evidence to prove criminal contempt beyond a reasonable doubt?

Holdings/Conclusion: The evidence was insufficient as a matter of law to prove willful disobedience of a reasonably specific court order beyond a reasonable doubt. We therefore reverse Ms. Weidt’s conviction for indirect criminal contempt, and remand this matter to the district court with directions to vacate its judgment and sentence.

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 quotation, 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)!