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Decision Date

August 19, 2008
[¶1] Aaron Eugene Smith was convicted after a jury trial of possession, manufacture or disposition of a deadly weapon with unlawful intent, use of a firearm while committing a felony and first degree murder. The district court denied his motion for a new trial in which he asserted that a juror was biased against his defense of not guilty by reason of mental illness and did not honestly answer questions about that bias during voir dire. He appeals from the district court's denial of his...  
August 18, 2008
INTRODUCTION... [¶1] Appellant, Dale Wayne Eaton (Eaton), seeks review of his conviction for the crime of first-degree murder, as well as for other crimes,1 and the sentence of death which was imposed on June 3, 2004. We will affirm the Judgment as to all convictions. We will affirm both the convictions and the death sentence... ISSUES... [¶2] Eaton raises these issues:... I. The trial court committed reversible error and violated the Ex Post Facto Clause by applying post-1989...  
August 15, 2008
[¶1] The appellant, Janeen L. Capshaw, Trustee for the Janeen L. Capshaw-King Revocable Trust (Capshaw), entered into a contract to purchase a large portion of real estate held by the Zelda Corbett Revocable Trust (the Corbett Trust). The appellee, Mathew Todd Corbett (Corbett), one of the beneficiaries of the Corbett Trust, joined with a number of the other beneficiaries in objecting to the sale to Capshaw. Joy L. Osbon, Trustee for the Corbett Trust (Trustee), filed a declaratory...  
August 15, 2008
[¶1] Appellants, R.C.R., Inc., and Jon R. Gray (hereafter Gray), assert that the district court erred: (1) In finding that the Appellees, Robert and Annabelle Deline (Delines), were not violating the terms of a 1979 easement they had across Gray's lands; (2) in concluding that an Affidavit Affecting Title filed by Gray in the Carbon County Clerk's Office was void and had no affect on the Delines' property interests; and (3) in enjoining Gray from posting signs along the disputed easement...  
August 14, 2008
[¶1] Patrick Terrance Schluck (Husband) and Diane Patricia Schluck (Wife) were divorced on July 25, 1997. Pertinent to this appeal, the decree of divorce included this provision:... [Husband] shall pay alimony to [Wife] in the sum of Eight Hundred Dollars ($800.00) per month. Said payments shall be made by direct payment from the Office of Personnel Management to any bank account designated by [Wife]. Said payments shall begin on July 15, 1997, and shall continue on or before the 15th of...  
August 14, 2008
[¶1] The district court denied Mr. DeMillard's requests to modify the terms of his probation or to discharge him from probation. He claims on appeal that his constitutional rights were violated because he was not present during the hearing on his motions. We conclude that the hearing was not part of his criminal prosecution and he was afforded all of the process he was due under the circumstances. Consequently, no error occurred when the district court did not require his presence......  
August 14, 2008
[¶1] Following divorce proceedings, the district court entered a judgment requiring the husband, Steven R. Burnett, to pay the wife, Roseanne L. Steeley, the amount of "$417,609 in cash or property by April 1, 2006" to equalize the marital property division. Mr. Burnett did not pay or make any effort to pay the judgment by April 1, 2006. Nearly a year and a half later, the district court entered another order requiring Mr. Burnett to pay the amount owed to Ms. Steeley in cash....  
August 1, 2008
[¶1] Appellant, Joseph H. Hittner (Hittner), seeks review of an order of the district court, which affirmed orders of the Office of Administrative Hearings upholding the "implied consent" suspension of Hittner's driver's license and upholding Hittner's commercial vehicle disqualification, as imposed by the Wyoming Department of Transportation (WYDOT). WYDOT's orders were based on the circumstance that Hittner refused to submit to required chemical testing when, on March 22, 2006,...  
July 31, 2008
[¶1] Jeremiah Rogers was charged by the State of Wyoming with third degree sexual assault. His wife, LR, is the alleged victim of that assault.1 Prior to trial, the State expressed its intent to call LR as a witness to testify against her husband. Mr. Rogers contended that LR was entitled to assert a marital privilege and could not be compelled to testify. The district court certified this question:... Can an alleged victim spouse be compelled by the State of Wyoming to testify against his...  
July 30, 2008
[¶1] Appellant, Wilma Fisher (Mrs. Fisher), sought worker's compensation death benefits as the surviving spouse of her husband, David Fisher. He was seriously injured at work on October 1, 1993. Those injuries left him a paraplegic. On June 22, 2005, a fire occurred in the Fishers' home. Mr. Fisher was rescued from the house, although he was unconscious from the effects of smoke inhalation. He was hospitalized for 19 days before he expired from pneumonia. His attending physician testified...  
July 29, 2008
[¶1] Alvah Daniel, Jr., was convicted of misdemeanor battery. He was later charged with felony aggravated assault and battery arising from the same incident after the State discovered that the victim's injuries were more severe than it originally believed. Mr. Daniel moved for dismissal of the felony charge on double jeopardy grounds. The district court denied the motion. Mr. Daniel challenges that decision in this appeal. We affirm... ISSUE... [¶2] Mr. Daniel presents one issue:......  
July 29, 2008
[¶1] In a series of administrative decisions, the Park County Commissioners approved plans by Worthington Group of Wyoming, LLC, to develop a residential subdivision known as Copperleaf. Northfork Citizens for Responsible Development, David Jamison, and Robert Hoszwa sought judicial review. On Worthington's motion, the district court dismissed the petition for judicial review on the basis that Northfork, Mr. Jamison, and Mr. Hoszwa lacked standing. On appeal, we conclude that they do have...  
July 21, 2008
[¶1] Appellant Linda Kunselman entered a conditional plea of no contest to a charge of felony possession of methamphetamine. She reserved the right to appeal the district court's denial of her motion to suppress the methamphetamine evidence seized during a search of her purse following a traffic stop. In this appeal, Kunselman challenges the legality of the initial stop, her detention following the stop, and the search of her purse. We affirm... ISSUE... [¶2] The issue presented for...  
July 18, 2008
[¶1] Bradley M. Dale appeals from the district court's order affirming the Office of Administrative Hearings (OAH) denial of his claim for worker's compensation benefits related to an infection in his right knee. Contrary to Mr. Dale's contention, the OAH did not commit a fundamental error by comparing his testimony during two parts of the contested case hearing. In addition, the OAH decision was supported by substantial evidence. We affirm... ISSUES... [¶2] Mr. Dale presents two...  
July 16, 2008
[¶1] This matter came before the Court upon a "Report and Recommendation," filed herein May 5, 2008, by the Board of Professional Responsibility for the Wyoming State Bar. After a careful review of the Board of Professional Responsibility's Report and Recommendation, the materials attached thereto, the Respondent's "Section 16 Affidavit and Stipulation to Discipline," and the file, this Court finds that the Report and Recommendation should be approved, confirmed, and...  
July 16, 2008
[¶1] Christopher Hicks was tried on charges relating to two homicides that occurred in Gillette, Wyoming, in the fall of 2005. He was convicted on one count of first degree murder, and on two counts of conspiracy to commit murder. He was acquitted on another count of first degree murder. He was sentenced to three consecutive terms of life imprisonment without the possibility of parole. On appeal, Mr. Hicks contends that the district court erred in denying his motion to suppress evidence of...  
July 15, 2008
[¶1] This appeal brings into focus a non-custodial parent's long-standing effort to secure visitation with her two children which the district court, pursuant to the parents' stipulation, ordered nearly eight years ago. Father, the custodial parent, appeals the district court's order filed January 4, 2007, in which the court found Father was not in contempt for failing to follow the court's earlier order filed May 19, 2006, and in which the court reiterated most of the same directives to...  
July 14, 2008
[¶1] A jury convicted Appellant, Zacharia Charles Cohen, of one misdemeanor and five felonies. Cohen challenges the sufficiency of the evidence to sustain his convictions on two of the felonies, attempted first degree murder and aggravated assault and battery. He also claims the district court erred in denying his motion to suppress evidence. We affirm... ISSUES... [¶2] Cohen offers the following issues:1... I. Whether there was insufficient evidence to prove Appellant attempted to...  
July 14, 2008
[¶1] Appellant, Kacey Allan Gibbs (Gibbs), seeks review of the district court's judgment and sentence, asserting that, because the State violated the terms of the plea agreement entered into by the State and Gibbs, Gibbs should be permitted to withdraw his guilty pleas and plead anew. We will affirm... ISSUES... [¶2] Gibbs raises this issue:... Should the judgment be vacated and [Gibbs] be allowed to withdraw his plea because the prosecutor violated the plea agreement?... The State...  
July 14, 2008
[¶1] Appellants Barbara J. Lasen and Paul S. Lasen (Lasens) challenge the district court's order denying their complaint to quiet title to a Goshen County farm owned by Barbara's late father... [¶2] We affirm... ISSUES... [¶3] The Lasens state their issues as follows:... 1. A general issue for review is: "Are the findings of the District Court clearly erroneous as a matter of law and unsupported by the evidence?"... 2. Did the District Court err in determining that the...  
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