93 results for 'court:"Wyoming Supreme Court"'.
J. Fox finds that the lower court improperly ordered that a ranch had restricted access to a private road easement in Platte County. The plain terms of the agreement governing the easement do not restrict the ranch in its usage of the easement regarding hunting access, and the lower court relied too heavily on historical uses to implement restrictions. Reversed.
Court: Wyoming Supreme Court, Judge: Fox, Filed On: January 16, 2024, Case #: S-23-0132, Categories: Property
J. Gray finds that the lower court properly granted the wife of decedent the right of spousal election against her husband's will. The will in question did not make the proper provisions for the wife, leaving her deprived of her elective share of the estate and entitled to spousal election as a result. Affirmed.
Court: Wyoming Supreme Court, Judge: Gray, Filed On: January 12, 2024, Case #: S-23-0114, Categories: Family Law, Wills / Probate
J. Boomgaarden finds that the lower court improperly granted a request for a writ of review to challenge the suppression of drug evidence regarding defendant's misdemeanor possession charge. The state was eventually successful in getting the suppression order reversed, but did so using incorrect assertions that the review was of "great public import." There is nothing rare or unusual about this case that would have justified the writ, as the initial suppression of evidence was well grounded in the Fourth Amendment. Reversed.
Court: Wyoming Supreme Court, Judge: Boomgaarden, Filed On: January 11, 2024, Case #: S-23-0063, Categories: Drug Offender, Evidence
J. Gray finds that the lower court properly ruled in part in a custody dispute between two parents going through divorce proceedings. The lower court ultimately gave primary physical custody to the father and upped the mother's visitation rights, and in doing so properly held that the mother was not entitled to a psychological evaluation of the children as part of the proceedings. However, the lower court improperly excluded evidence regarding the mother's mental health and failed to designate a final decision maker. Affirmed in part.
Court: Wyoming Supreme Court, Judge: Gray, Filed On: January 10, 2024, Case #: S-23-0106, Categories: Family Law
J. Kautz properly divided marital property and awarded a mother custody of her two children in a divorce and custody dispute. The lower court properly considered all of the proper factors in determining that it was in the children's best interest to be in the care of their mother. Affirmed.
Court: Wyoming Supreme Court, Judge: Kautz, Filed On: December 29, 2023, Case #: S-23-0117, Categories: Family Law
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J. Fenn finds that the lower court properly denied defendant's motion to suppress drug evidence during his trial for possession of cocaine. Defendant claims police entered his apartment without his consent or a warrant, but police were there to investigate a domestic violence report and one of the alleged victims gave implied consent to enter the apartment through her nonverbal gestures. Affirmed.
Court: Wyoming Supreme Court, Judge: Fenn, Filed On: December 28, 2023, Case #: S-23-0034, Categories: Drug Offender, Search
J. Fenn finds that the lower court properly convicted defendant of involuntary
manslaughter. Defendant claims there was not enough evidence presented to support her guilty verdict and that the lower court improperly dismissed a jury right before deliberations. The jury had enough evidence on the record to support their findings, and the juror in question was properly dismissed for not following court instructions on not making up his mind or making opinionated statements on the case before the trial was finished. Affirmed.
Court: Wyoming Supreme Court, Judge: Fenn, Filed On: December 19, 2023, Case #: S-22-0312, Categories: Jury, Manslaughter
J. Boomgaarden finds that the lower court improperly denied total disability benefits to a worker when he suffered a work-related injury after a 100-pound metal baffle fell onto him. The lower court determined that he could not be afforded his benefits without a physician’s certification, but under the law, a physician’s certification is not a prerequisite for benefits under cases such as his. Reversed.
Court: Wyoming Supreme Court, Judge: Boomgaarden, Filed On: December 19, 2023, Case #: S-23-0111, Categories: Workers' Compensation
J. Gray finds that the lower court properly issued a divorce decree in a divorce dispute. The former husband takes issue with the fact that the decree was issued by a successor judge after the judge who carried out the trial retired. He says the new judge violated his due process rights by making findings without a "formal certification," but the former husband waived those related rights during trial. Affirmed.
Court: Wyoming Supreme Court, Judge: Gray, Filed On: December 12, 2023, Case #: S-23-0130, Categories: Civil Procedure, Family Law
J. Fox finds that the lower court properly convicted defendant of aggravated vehicular homicide. Defendant claims that during trial she was denied the ability to give her proposed instructions to the jury, which would have told the jury to consider the victim's actions. Defendant claims this instruction was tied to her theory of defense and that the lower court should have allowed her to raise it, but her proposal is not considered a proper theory of defense instruction under the law and the lower court was correct in denying it. Affirmed.
Court: Wyoming Supreme Court, Judge: Fox, Filed On: December 11, 2023, Case #: S-23-0059, Categories: Vehicular Homicide, Jury Instructions
J. Fenn finds that the lower court properly upheld the tax assessments for a series of vacant lots in Converse County, Wyoming. The owner of the lots claims the lower court upheld the values without enough evidence, but the lower court complied with all the relevant statutes and regulations to properly assess them. There is no evidence on the record that supports that the assessments were upheld arbitrarily. Affirmed.
Court: Wyoming Supreme Court, Judge: Fenn, Filed On: December 5, 2023, Case #: S-23-0057, Categories: Tax
J. Boomgaarden finds that the lower court properly terminated a mother's parental rights to her child. The mother claims the lower court improperly allowed the termination hearing to continue when she was physically absent from the courtroom and was allowed to testify by phone. She has not shown how there was any risks for her or her due process rights by being allowed to take part in the proceedings via phone. Affirmed.
Court: Wyoming Supreme Court, Judge: Boomgaarden, Filed On: December 5, 2023, Case #: S-23-0076, Categories: Family Law, Due Process
J. Boomgaarden finds that the lower court improperly denied a motion to compel arbitration in a wrongful death and medical malpractice dispute. The lower court denied the motion on the grounds that the right to compel arbitration was waived by one of the parties by waiting too long to seek it. While it is true there was a sizeable delay of 14 months, delays like that are not enough to show intent to relinquish arbitration rights. Reversed.
Court: Wyoming Supreme Court, Judge: Boomgaarden, Filed On: November 20, 2023, Case #: S-23-0082, Categories: Arbitration, Medical Malpractice
J. Kaste finds that the lower court properly issued an order modifying a visitation plan for a minor child. The record supports the lower court's findings that modifying the visitation plan was in the best interest of accommodating all of the parties and their scheduling needs. Affirmed.
Court: Wyoming Supreme Court, Judge: Kaste, Filed On: November 16, 2023, Case #: S-23-0007, Categories: Family Law
J. Boomgaarden finds that the lower court properly dismissed claims from an insurance company that brought a negligence action against a tenant leasing a commercial property that sustained fire damage. Under the relevant insurance documents and agreements between the insurance company, the property owner and the tenant, it was "reasonably expected" that the insurance company, not the tenant, would be tasked with compensation for any losses stemming from fire damage. Affirmed.
Court: Wyoming Supreme Court, Judge: Boomgaarden, Filed On: November 9, 2023, Case #: S-23-0052, Categories: Insurance, Landlord Tenant
J. Gray finds that the lower court properly issued an order dividing marital assets in a divorce dispute. The former wife requested an alteration to the order on the grounds that she be allowed to make her equalization payment in installments instead of a lump sum, which the lower court granted, but the husband claims that her request should have been tossed. In support of his argument, he cites only one prior case that is not relevant to this case and his general complaint lacks a "cogent argument." Affirmed.
Court: Wyoming Supreme Court, Judge: Gray, Filed On: November 8, 2023, Case #: S-23-0099, Categories: Family Law
J. Gray finds that the lower court properly issued audit assessments for an oil and gas company that increased the value of their production. The lower court properly evaluated several key aspects of the company's operation to make the assessments, such as determining that their facilities are not considered "processing facilities" and that their key point of valuation was the outlet of a triethylene glycol dehydrator. Affirmed.
Court: Wyoming Supreme Court, Judge: Gray, Filed On: November 7, 2023, Case #: S-23-0036, Categories: Tax
J. Kautz finds that the lower court properly denied defendant's motion to correct a sentence stemming from his two vehicular homicide convictions. Defendant was ordered to serve his sentences for both counts consecutively, and defendant claims multiple sentences for the same car accident violated his double jeopardy rights. He already raised this issues during a direct appeal in 2015, leaving this motion barred by the doctrine of res judicata. Affirmed.
Court: Wyoming Supreme Court, Judge: Kautz, Filed On: November 1, 2023, Case #: S-23-0091, Categories: Sentencing, Double Jeopardy, Vehicular Homicide
J. Kautz finds that the lower court improperly refused to address defendant's request for a return of property that was seized by police during an investigation tied to his assault and battery convictions. The lower court declined to hear the request on the grounds that it lacked jurisdiction, but that argument is directly in conflict with established case law and precedent. The lower court has the jurisdiction and the duty to hear the motion and weigh evidence as to whether defendant is entitled to the return of his property. Reversed.
Court: Wyoming Supreme Court, Judge: Kautz, Filed On: October 31, 2023, Case #: S-23-0067, Categories: Criminal Procedure
J. Gray finds that the lower court improperly ordered that equity earned through selling or refinancing a home must be split evenly between a former husband and wife in divorce proceedings. The former husband contended the wife is only entitled to half the net proceedings if the house is sold, but the divorce decree in question is too ambiguous on this issue and the lower court did not have all the facts needed to make a final ruling. Reversed.
Court: Wyoming Supreme Court, Judge: Gray, Filed On: October 31, 2023, Case #: S-23-0065, Categories: Family Law
J. Fox finds that the lower court properly denied defendant's motion, filing pro se, to correct what he alleges is an illegal sentence for his sexual abuse of a minor conviction in 2009. Defendant claims that his consecutive sentences violate his double jeopardy rights. However, this is first time he has raised that issue in the over 10 years since the sentence, so the request is barred by the doctrine of res judicata. Affirmed.
Court: Wyoming Supreme Court, Judge: Fox, Filed On: October 27, 2023, Case #: S-23-0131, Categories: Sentencing, Sex Offender
J. Fenn finds that the lower court properly found in favor of the state of Wyoming after three individuals were injected with the Janssen Covid-19 vaccine from their healthcare provider who was contracting with the state, when their consent forms only mentioned the vaccines from Moderna and Pfizer. Under the federal Public Readiness and Emergency Preparedness Act, the state is shielded from lawsuits and liability over issues such as this and was properly granted summary judgment. Affirmed.
Court: Wyoming Supreme Court, Judge: Fenn, Filed On: October 26, 2023, Case #: S-23-0011, Categories: Medical Malpractice
J. Fenn finds that the lower court properly ruled in favor of a law firm after a native tribe and a casino sued it for return of documents and funds after a falling out with the firm. While the lower court improperly imposed sanctions on the tribe following their suit, the merits of the claims were correctly found to be in favor of the firm. The tribe did not have standing to bring accounting claims, could not show that they had an adequate remedy under the law, and did not prove that the trial verdict against them would have been any different had "racially charged evidence" during proceedings not been admitted. Affirmed in part.
Court: Wyoming Supreme Court, Judge: Fenn, Filed On: October 24, 2023, Case #: S-22-0265, Categories: Native Americans, Contract
J. Kautz finds that the lower court properly found in favor of a telecommunication company following class claims from members of the company who say they were duped into selling $105 million of the company for just $29 million. The class fails to establish reliance needed for class claims to survive, and the company members did not have the capital credits during the sale needed to challenge it because they had already consented to it. Other claims are also tossed for being derivative. Affirmed.
Court: Wyoming Supreme Court, Judge: Kautz, Filed On: October 24, 2023, Case #: S-22-0303, Categories: Class Action, Contract
J. Boomgaarden finds that the lower court properly denied a motion from defendant, filing pro se, to correct what he alleges is an illegal sentence stemming from DUI convictions. Defendant claims he was not credited for time served spent on probation, but there is nothing in the law that would entitle him to that. The lower court did, in fact, credit him with his history of treatment during probation by reducing his sentence by one year. Affirmed.
Court: Wyoming Supreme Court, Judge: Boomgaarden, Filed On: October 18, 2023, Case #: S-23-0123, Categories: Probation, Sentencing, Dui
J. Fenn finds the lower court properly convicted defendant of interference with a peace officer for injuring a corrections officer in the penitentiary in which he is serving three consecutive life sentences. Defendant argues his right to due process was violated when the court conducted an Asch hearing in his absence, but the instant court finds the court appropriately conducted the Asch hearing without defendant present, as he waived that right when he refused to attend. Affirmed.
Court: Wyoming Supreme Court, Judge: Fenn, Filed On: October 10, 2023, Case #: 2023WY97, Categories: Due Process
J. Robinson finds that the lower court properly found in favor of a law firm on an individual's legal malpractice claims alleging that the firm did not properly resolve a divorce proceeding his father was involved in before he died. The individual suing the firm is a non-client and there is no evidence that he was ever intended to be a beneficiary of his father’s attorney’s services. As a result, he lacks standing to pursue any legal malpractice claims. Affirmed.
Court: Wyoming Supreme Court, Judge: Robinson, Filed On: October 3, 2023, Case #: S-22-0293, Categories: Legal Malpractice
J. Boomgaarden finds that the lower court properly denied an individual's request for compensation for physical therapy sessions stemming from a workplace injury to his arm. The injury was first suffered in 2016 and the Workers’ Compensation Division of the Department of Workforce Services received reports from doctors that the continued physical therapy was no longer medically necessary. These reports supported the final determination to deny further compensation for the sessions. Affirmed.
Court: Wyoming Supreme Court, Judge: Boomgaarden, Filed On: September 29, 2023, Case #: S-23-0064, Categories: Workers' Compensation
J. Kautz finds that the lower court properly convicted defendant of not notifying law enforcement of a change in address due to being a registered sex offender. Evidence on the record shows he failed to update his address within three working days after changing residences, violating the three-day deadline under the law. Affirmed.
Court: Wyoming Supreme Court, Judge: Kautz, Filed On: September 28, 2023, Case #: S-23-0040, Categories: Sex Offender
J. Fox finds that the lower court properly denied defendant's motion, filing pro se, for a sentence reduction stemming from his series of burglary and assault convictions. While the lower court did improperly conclude that the petition was untimely, the mistake was harmless because the court also ruled that the request lacked merit. This is because defendant did not bring forward any meaningful or new information that supports his reduction request. Affirmed.
Court: Wyoming Supreme Court, Judge: Fox, Filed On: September 22, 2023, Case #: S-23-0089, Categories: Burglary, Sentencing, Assault