Marylin S. Kite

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.

labor & employmentprocedure

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.

criminal lawprocedure

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.

criminal lawprocedure

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.

criminal lawprocedure

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.

procedure

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.

criminal lawprocedure

Francis Weber sued the State of Wyoming for personal injuries after he lost consciousness and fell into hot mineral water in a steam room at the Star Plunge, a privately operated facility on leased land within Hot Springs State Park. The district court granted the State's motion for summary judgment, holding that the Wyoming Governmental Claims Act immunized the State from suit. On appeal, the Wyoming Supreme Court reversed and remanded, concluding that the State's provision of hot mineral water and related park facilities fell within the statutory waiver of immunity for negligence in the operation or maintenance of a public park under Wyo. Stat. Ann. § 1-39-106. The court reasoned that the waiver applied because the State's activities were connected to its role in running the park, rather than being limited to the private lessee's operations.

torts & liabilityprocedure

This case involved disciplinary proceedings against Wyoming attorney Clay B. Jenkins for twice attempting to use a third person to communicate with a party represented by counsel in a child custody matter, in violation of Rule 4.2 of the Rules of Professional Conduct. The Board of Professional Responsibility submitted a stipulated report and recommendation for public censure, citing ABA standards for lawyer sanctions that address abuse of the legal process and weighing factors including lack of dishonest motive, full cooperation, and remorse. The Wyoming Supreme Court approved and adopted the report, ordering a public censure along with payment of $550 in costs and fees, and directing publication of the order.

family lawprocedure

This case concerned whether Maverick Motorsports, a Wyoming dealer, owed Wyoming sales tax on recreational vehicles sold to out-of-state buyers, where most customers took possession at the dealer's Wyoming stores. The State Board of Equalization ruled that the sales were taxable in Wyoming because possession transferred there, and the district court affirmed. On appeal, the Wyoming Supreme Court upheld that decision, finding substantial evidence that the taxable event occurred in Wyoming and that collecting the tax did not violate the Commerce Clause, as Wyoming was the first state of purchase and Maverick had failed to collect the tax at the time of sale.

taxesbusiness & regulatory

The case involved a breach of contract dispute in which Joe's Concrete sued Concrete Works of Colorado after delivering concrete for a municipal project and not receiving full payment. A jury found that CWC breached the contract and awarded damages, but the district court denied Joe's Concrete's request for attorney fees, ruling that post-trial documentation of fees was inadmissible and that the trial evidence was insufficient. On appeal, the Wyoming Supreme Court reversed, holding that the contract provisions made attorney fees collateral to the merits rather than an element of damages to be proven at trial. The court reasoned that under W.R.C.P. 54(d)(2), such fees could be addressed by post-trial motion and that the invoices and evidence should be considered on remand to determine a reasonable award.

business & regulatoryprocedure

This case involved a workers' compensation claim by Donald Dial, who suffered a neck injury while lifting a heavy reel at his job and underwent surgery. After evaluations showed he could perform medium-level work but raised questions about his ability to drive due to limited neck mobility, the Workers' Compensation Division denied his application for permanent partial disability benefits, concluding he could return to jobs paying at least 95% of his pre-injury wages. The Office of Administrative Hearings awarded the benefits after finding his injury prevented comparable employment, but the district court reversed that decision. On appeal, the Wyoming Supreme Court reversed the district court, holding that substantial evidence supported the OAH's conclusion that Dial could not obtain employment at a comparable wage because of his injury-related limitations.

labor & employment

This case involved disciplinary proceedings against Wyoming attorney Robert Willis Ingram, who was charged with aiding and abetting the delivery of a controlled substance near a school. Ingram pleaded guilty to the felony, resulting in deferred adjudication and supervised probation. The Board of Professional Responsibility found that his criminal conduct violated Rule 8.4(b) of the Wyoming Rules of Professional Conduct, which prohibits lawyers from committing criminal acts that reflect adversely on their honesty, trustworthiness, or fitness to practice law. The Wyoming Supreme Court adopted the Board's recommendation, suspending Ingram from the practice of law for eighteen months and ordering him to pay costs and fees.

criminal law

This case involved the Wyoming State Bar's Board of Professional Responsibility seeking discipline against attorney Robert Willis Ingram after he pleaded guilty to aiding and abetting the delivery of a controlled substance, a felony, near a school. The court adopted the Board's recommendation and suspended Ingram from practicing law for eighteen months, requiring him to pay costs and fees. The decision was based on the finding that his criminal conduct violated Rule 8.4(b) of the Wyoming Rules of Professional Conduct, which prohibits lawyers from committing criminal acts that reflect adversely on their honesty, trustworthiness, or fitness to practice law. The suspension also mandates compliance with duties for suspended attorneys.

criminal lawprocedure

In Rivers v. Moore, Myers & Garland, LLC, a doctor sued a law firm for legal malpractice after purchasing property intended for a 10,000 square foot medical office building but was restricted to about 5,000 square feet due to covenants that the firm allegedly advised were unenforceable. The client sought damages including the difference in value between the planned larger building and the smaller one actually built, as well as invoking the loss-of-chance doctrine. The Wyoming Supreme Court affirmed the district court's summary judgment in favor of the law firm, holding that there was no evidence supporting the claim for expectancy damages and that the loss-of-chance doctrine does not apply to legal malpractice claims, which lack the statistical basis found in medical malpractice cases.

propertytorts & liability

In Szymanski v. State, the defendant was convicted by a jury of first-degree arson after evidence showed he intentionally set fire to a neighbor's apartment in an apartment complex. On appeal, he argued that the trial court erred by admitting testimony from a fire inspector about statements made by the deceased tenant regarding the apartment's pre-fire condition, claiming violations of hearsay rules and the confrontation clause, and that the prosecutor committed misconduct by improperly arguing those statements and during witness questioning. The Wyoming Supreme Court affirmed the conviction, holding that the statements were not hearsay because they were admitted only to explain the investigator's actions and not for their truth, so they did not implicate confrontation rights or require exclusion. The court further found that while the prosecutor improperly referenced the statements for their truth in closing argument, this did not cause material prejudice given independent testimony from another witness about the apartment's condition the day before the fire.

criminal lawprocedure