21 results for 'judge:"Boomgaarden"'.
J. Boomgaarden finds that the lower court properly convicted defendant of sexual abuse and other sex crimes against a minor. Defendant claims there was not enough evidence entered on the record to convict him, but the state brought forward witnesses and other exhibits that all supported a jury being able to conclude beyond a reasonable doubt that he acted knowingly and with intent. Affirmed.
Court: Wyoming Supreme Court, Judge: Boomgaarden, Filed On: May 2, 2024, Case #: S-23-0268, Categories: Evidence, Sex Offender, Child Victims
J. Boomgaarden finds that the lower court properly upheld the decision to remove Department of Health respite services from an adult who suffers from developmental and intellectual disabilities. The department removed the services from his plan of care after finding out that his providers had been billing for respite services at the same time that he was also receiving community living services. Under the law, providers are not allowed to bill for both the daily rate of community living services and respite services. Affirmed.
Court: Wyoming Supreme Court, Judge: Boomgaarden, Filed On: April 29, 2024, Case #: S-23-0094, Categories: Health Care
J. Boomgaarden finds that the lower court properly convicted defendant of felony stalking. Defendant claims there was not enough evidence on the record to support conviction, but entered into the record were numerous texts, repetitive communications and phone calls that contained a "malicious nature." Any rational jury could find these amounted to a specific intent to harass the victim. Affirmed.
Court: Wyoming Supreme Court, Judge: Boomgaarden, Filed On: April 24, 2024, Case #: S-23-0236, Categories: Harassment
J. Boomgaarden finds that the lower court properly terminated a mother's parental rights over her children. The mother was not able to create a safe environment for her children and the state made several efforts to help the mother with her mental state, despite her occasional active resistance to her case plan. Taken together, these facts show it was in the best interests of the children to terminate her parental rights. Affirmed.
Court: Wyoming Supreme Court, Judge: Boomgaarden, Filed On: April 1, 2024, Case #: S-23-0168, Categories: Family Law
J. Boomgaarden finds that the lower court properly terminated a grandfather's parental rights over his grandchildren. The grandfather is currently serving prison time for sexually abusing his grandchildren, and the lower court properly found it was in the childrens' best interest if the grandfather's parental rights were terminated. Affirmed.
Court: Wyoming Supreme Court, Judge: Boomgaarden, Filed On: March 27, 2024, Case #: S-23-0167, Categories: Family Law
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J. Boomgaarden answers two certified questions from a district court regarding the duty of care from law enforcement officers during an investigation. As prior precedent has established, officers must owe a common law duty to a suspect in an investigation to do their job as "reasonable peace officers of ordinary prudence." Officers that follow that duty are also allowed to assert qualified immunity.
Court: Wyoming Supreme Court, Judge: Boomgaarden, Filed On: March 26, 2024, Case #: S-23-0100, Categories: Immunity, Police Misconduct
J. Boomgaarden finds that the lower court properly tossed a petition with the Albany County School District asking the district to form a rural school for children who live in a remote area of Wyoming. The parents of the children living in the rural area claim that their request is supported by the Wyoming Constitution and their fundamental right to an education, but there is nothing in the language of the law that requires a district to consider or approve the construction of a brand new school. Affirmed.
Court: Wyoming Supreme Court, Judge: Boomgaarden, Filed On: January 26, 2024, Case #: S-23-0148, Categories: Constitution, Education
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. 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. 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. 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. 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. 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. Boomgaarden finds that the lower court properly convicted defendant of attempted murder and assault stemming from a high-speed chase and shootout with police. Defendant claims that prosecutors committed misconduct when they presented testimony from experts regarding his competency and mental health, but the testimony was permissible and defendant was not prejudiced by their admittance during proceedings. Affirmed.
Court: Wyoming Supreme Court, Judge: Boomgaarden , Filed On: August 24, 2023, Case #: S-22-0285, Categories: Competence, Prosecutorial Misconduct, Assault
J. Boomgaarden finds that the lower court properly convicted defendant of sexual abuse. Defendant claims on appeal that the trial court improperly allowed sexually explicit content as evidence and that the prosecutor wrongfully elicited testimony from defendant's victim, his daughter. But defendant has not shown how any of these alleged errors injected prejudice into proceedings, and there is no evidence they impeded on defendant's right to a fair trial. Affirmed.
Court: Wyoming Supreme Court, Judge: Boomgaarden, Filed On: August 15, 2023, Case #: S-22-0267, Categories: Fair Trial, Sex Offender, Witnesses
J. Boomgaarden finds that the lower court properly sentenced defendant on drug convictions. Defendant claims that his two consecutive sentences violate double jeopardy rules, but the two sentences are derived from two separate offenses and two separate drug transactions. The rules of double jeopardy and the protections against them do not relate here and were not violated. Affirmed.
Court: Wyoming Supreme Court, Judge: Boomgaarden, Filed On: August 10, 2023, Case #: S-23-0070, Categories: Drug Offender, Double Jeopardy
J. Boomgaarden finds that the lower court properly denied defendant's request to correct his sentence regarding his sexual abuse of a minor convictions. Defendant's claims are barred because while he claims to challenge his sentence, he instead is offering only challenges to his underlying convictions. His appeal is further barred by the doctrine of res judicata. Affirmed.
Court: Wyoming Supreme Court, Judge: Boomgaarden, Filed On: July 25, 2023, Case #: S-23-0055 , Categories: Sentencing, Sex Offender
J. Boomgaarden finds that the lower court properly issued an order modifying a father's child support. The mother claims on appeal that the lower court did not have enough information before calculating the father's net income, and that the court incorrectly calculated her income as well. But all of the information used by the court, such as tax stubs and W-2 forms, were all up to date and supported the court's final calculations. Affirmed.
Court: Wyoming Supreme Court, Judge: Boomgaarden, Filed On: July 12, 2023, Case #: S-22-0308, Categories: Family Law
J. Boomgaarden finds that the lower court improperly made a temporary child support order a final order in a custody dispute. The lower court did so at the request of the mother, but did not provide the father with his allotted 20 days to respond to it. The order was also made final without the court acquiring enough financial information from the two parties to support the decision. Reversed.
Court: Wyoming Supreme Court, Judge: Boomgaarden, Filed On: June 14, 2023, Case #: S-22-0272, Categories: Family Law
J. Boomgaarden finds that the lower court ruled properly in part in a dispute over a noncompete provision in an employment contract. While the lower court went beyond its discretion by awarding attorney fees without a proper explanation, the lower court properly found that the noncompete provision should be voided as a matter of public policy. Affirmed in part.
Court: Wyoming Supreme Court, Judge: Boomgaarden, Filed On: June 1, 2023, Case #: S-22-0238, Categories: Employment, Attorney Fees, Contract