Monday, January 06, 2014

Summary 2014 WY 1

Summary of Decision January 3, 2014

Justice Hill delivered the opinion for the Court. Affirmed.


Docket Number: S-13-0072


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

Representing Appellants: Nicholas H. Carter of The Nick Carter Law Firm, P.C., Gillette, WY.

Representing Appellee: Gregory A. Phillips, Wyoming Attorney General; David L. Delicath, Deputy Attorney General; Jeffrey Pope, Assistant Attorney General; Darrell D. Jackson, Faculty Director, Prosecution Assistance Program; David E. Singleton, Student Director, and James Wilson, Student Intern. Argument by Mr. Wilson.

Date of Decision: January 3, 2014

Facts: Joy Klomliam entered conditional pleas of guilty to one charge of possession of a controlled substance with intent to deliver and one charge of conspiracy to deliver a controlled substance, reserving the right to appeal the district court’s denial of her motion to suppress. On appeal, Klomliam contends that the marijuana evidence discovered in her vehicle following a traffic stop should have been suppressed as the product of an unlawful detention under the Wyoming Constitution.

Issues: Klomliam states the issue for our review as follows: Did the District Court err in denying [Klomliam’s] Motion to Suppress when the detention of [Klomliam] exceeded the scope of permissible detention under article 1, § 4 of the Wyoming Constitution?

Holdings/Decision: Under the totality of the circumstances, Corporal Parker’s questioning and detention of Klomliam were reasonable and did not violate art. 1, § 4 of the Wyoming Constitution. Affirmed.

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)!