The case involved an appellant attempting to challenge a district court's dismissal of her petition for review of an agency decision denying unemployment benefits. The Wyoming Supreme Court dismissed the appeal because the appellant had not filed a timely notice of appeal from the original dismissal order and instead appealed only the denial of her post-judgment motion for reconsideration. The court reasoned that motions for reconsideration are nullities under precedent, and neither W.R.C.P. 60 nor certain appellate rules like W.R.A.P. 9.07 apply to final judgments in W.R.A.P. 12 agency appeals, leaving only a direct appeal to the supreme court as the available avenue for review.
The case involved Marvin Kenneth Shue's direct appeal from his guilty plea to one count of sexual abuse of a minor in the first degree. After his court-appointed appellate counsel filed a motion to withdraw under Anders v. California, the court granted permission for withdrawal and gave Shue time to file a pro se brief arguing that the appeal was not frivolous. Since Shue did not file any brief within the allotted time, the court affirmed the district court's judgment and sentence.
In Mebane v. State, the defendant appealed his convictions for misdemeanor possession of methamphetamine and two counts of delivery of methamphetamine, arguing that the trial court committed plain error by failing to advise him of his right not to testify immediately before he took the stand at trial, which he claimed rendered his waiver uninformed. The Wyoming Supreme Court affirmed the convictions, holding that the advisement of the right to remain silent given at arraignment was sufficient and that no plain error occurred. The court reasoned that the record showed Mebane understood his rights, was represented by counsel who discussed his testimony decision with him, did not claim he was compelled to testify or would have chosen differently if readvised, and that such a trial-stage advisement is recommended but not constitutionally required.
In Silva v. State, the appellant appealed his felony convictions for aggravated burglary and attempted kidnapping after breaking into an apartment and attempting to forcibly remove his estranged fiancée, arguing that the trial court wrongly excluded evidence of the victim's prior alcohol-related conduct to negate his specific intent to terrorize or injure her and improperly refused a jury instruction on the lesser-included misdemeanor offense of attempted false imprisonment. The Wyoming Supreme Court affirmed the convictions, finding no error in the evidentiary ruling or the denial of the instruction. The court reasoned that the victim's past conduct was irrelevant to the charged offenses and that false imprisonment is not a lesser-included offense of kidnapping under the statutory elements test because each requires proof of a distinct fact.
This case involved disciplinary proceedings against Wyoming attorney Mary M. Dunn for her representation of a client seeking damages for injuries sustained in custody in 2007. Dunn agreed to draft a governmental claims notice and complaint under a limited representation agreement but failed to do so, allowing the client's claim to expire without action, in violation of Rules 1.1, 1.3, and 1.4 of the Wyoming Rules of Professional Conduct. The Wyoming Supreme Court approved the Board of Professional Responsibility's report and recommendation, ordering a public censure along with payment of $550 in costs and fees. The decision applied ABA Standards for Imposing Lawyer Sanctions, finding negligence causing potential client injury warranted public censure rather than suspension or disbarment, after weighing the lawyer's substantial experience as an aggravating factor against mitigating factors such as lack of prior discipline, absence of dishonest motive, cooperation, and remorse.
This case concerned the reinstatement of attorney Kevin P. Meenan to the practice of law in Wyoming after his 2004 disbarment. Meenan had been disbarred following his guilty plea to felony forgery and misdemeanor official misconduct stemming from criminal charges, after which he completed probation, received a full pardon in 2010, and submitted evidence of rehabilitation. The Board of Professional Responsibility reviewed his petition, affidavit, and supporting materials, concluding that he satisfied the requirements for reinstatement under the Disciplinary Code. The Wyoming Supreme Court adopted the Board's recommendation and ordered Meenan's reinstatement effective immediately.