Thursday, January 23, 2014

Summary 2014 WY 9

Summary of Decision January 23, 2014

Justice Hill delivered the opinion of the Court. Affirmed.


Docket Number: S-13-0142


Appeal from the District Court of Natrona County the Honorable David B. Park, Judge

Representing Appellant: Donald Gee, Pro se.

Representing Appellee: Peter K. Michael, Wyoming Attorney General; David L. Delicath, Deputy Attorney General; and Jeffrey Pope, Assistant Attorney General.

Date of Decision: January 23, 2014

Facts: Donald Gee, appearing pro se, appeals the district court’s denial of his motion to correct an illegal sentence. Finding that Gee’s claims are barred by the doctrine of res judicata, we affirm the district court’s order.

Issue: Did the district court err in summary dismissal of both [Gee’s] pro se petition for correction of illegal sentence and petition to correct sentence?

Holdings/Conclusion: Gee had multiple opportunities to assert his current sentencing claims and prosecute appeals related to those claims, and he offers no acceptable justification for his failure to do so. Gee’s claims are thus barred by res judicata, and we affirm the decision of the district court.

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)!