KAUTZ , Justice . [ 1] Pursuant to a plea agreement with the State of Wyoming, Elton Henry pleaded no contest to one count of first degree sexual abuse of a minor and one count of second degree sexual abuse of a minor, both felonies. He challenges his convictions on appeal, claiming the district court did not properly advise him that his future employment opportunities could be affected by loss of the privilege to possess firearms. We conclude he waived his right to appeal this issue in...
KAUTZ , Justice . [ 1] Pennaco Energy, Inc. (Pennaco) obtained oil and gas leases in northeastern Wyoming. Pennaco then made contracts with the surface landowners, who were predecessors of Appellees. These agreements granted Pennaco access to and use of the landowners' land during exploration and production under the mineral leases. In the agreements, Pennaco committed to pay for damages and for use of the land and, when operations ceased, to restore the land as nearly as possible to its...
HILL , Justice . [ 1] After a jury convicted Carlos Pe a of larceny, the district court revoked his probation from a previous case. In this consolidated appeal, Mr. Pe a argues that his probation from the previous case should not have been revoked while the instant case was still pending appeal. Regarding the instant larceny case, Mr. Pe a argues that during trial, the district court should not have allowed a jury instruction that improperly shifted the burden of proof to Mr. Pe a and...
DAVIS , Justice . [ 1] Philip Guilford appeals from a felony conviction for driving a vehicle while under the influence of intoxicating liquor or controlled substances (DWUI). 1 We affirm. ISSUES [ 2] Guilford advances two issues that we reorder and restate as follows: I. Is Wyo. Stat. Ann. 31-5-233(b)(iii)(C) (LexisNexis 2015) unconstitutionally vague as applied to Guilford's conduct II. Were Guilford's attorneys constitutionally ineffective in failing to present evidence...
HILL , Justice . [ 1] Keizer Trailer Sales, Inc. (Keizer), who is insured by Continental Western Insurance Company (CWIC), sold three refrigerated trailers to James Black. Mr. Black took immediate possession of the trailers, but the installment purchase agreement pursuant to which he bought the trailers specified that Keizer would remain the owner of the trailers until the purchase price was paid in full. Mr. Black was subsequently in an accident with one of the trailers while traveling on...
DAVIS , Justice . [ 1] The Board of Trustees of Laramie County School District No. One (District) 1 appeals from a summary judgment granted to a teacher, Kort Kinstler, in his suit to recover salary and the value of benefits allegedly owed to him following a decision not to reemploy him at the end of the 2011-2012 school year. We reverse and vacate the award. ISSUE [ 2] This appeal turns on a single question of statutory construction, which we restate as follows: Do the phrases "...
BURKE , Chief Justice . [ 1] John Wallace McGinn was found guilty by a jury of domestic battery and possession of a weapon with intent to threaten. Mr. McGinn testified at trial, and, over the objections of defense counsel, the prosecutor asked him a series of questions in which she repeated statements made by his daughter and asked, "was she lying " Prior to trial, at a hearing on the State's Rule 404(b) notice, the district court ruled that evidence regarding prior discharge of a gun...
BURKE , Chief Justice . [ 1] Appellant, Christopher Yager, challenges his conviction of third-degree sexual assault. He contends Wyoming's sexual assault statute does not apply to sexual contact between probation officers and probationers. We affirm. ISSUE [ 2] Appellant presents one issue which we have restated: Is a probation officer an "employee ... of a state ... correctional system" under Wyo. Stat. Ann. 6-2-303(a)(vii) 1 FACTS [ 3] Appellant was employed as a probation and...
FOX , Justice . [ 1] Appellant Carl Wayne Allgier was the passenger in a car stopped for a traffic violation by a Wyoming Highway Patrol trooper. After Mr. Allgier appeared to have suffered a seizure, the trooper searched the pocket of the jacket Mr. Allgier had left in the car and discovered marijuana. A subsequent search of the car revealed felony quantities of marijuana and drug paraphernalia. Following the district court's denial of his motion to suppress evidence, Mr. Allgier entered...
DAVIS , Justice . [ 1] Appellant Father challenges a decree awarding Mother primary physical custody of their son in a paternity case. He contends that the district court abused its discretion in several ways by determining custody as it did. Father also complains that the visitation schedule is not sufficiently detailed. We affirm the district court's award of primary physical custody to Mother, but remand for further proceedings so that the district court can enter a decree that...
FOX , Justice . [ 1] Jason Bradley McGill was convicted of sexual abuse of a minor in the first degree in violation of Wyo. Stat. Ann. 6-2-314(a)(i)(c). Mr. McGill argues that the district court abused its discretion when it denied his motions for a mistrial based on improper vouching testimony by one of the State's witnesses and on introduction of uncharged misconduct evidence without prior notice to the defendant. Mr. McGill also asserts that the prosecutor committed misconduct in her...
HILL , Justice . [ 1] Robert Scherf died from a heart attack he suffered at work while servicing a front end loader. His widow Sharen Scherf (Claimant) applied for worker's compensation death benefits, and those benefits were denied. The Office of Administrative Hearings (OAH) upheld the denial of benefits, finding that although the Claimant had proved the required causal link between the work exertion and the heart attack, she had failed to prove that the exertion itself was unusual or...
DAVIS , Justice . [ 1] Appellant Bryan King challenges the district court's grant of summary judgment to Appellee Cowboy Dodge, Inc. King claims that his retaliatory discharge claim should proceed to trial because there are genuine issues of material fact concerning his retaliation claim. After applying the correct legal standard as to the causal showing required and the proper standard of review for summary judgment, we agree with King and therefore reverse and remand. FACTS [ 2]...
BURKE , Chief Justice . [ 1] Appellant, Barry Scott, challenges the district court's order affirming the decision of the Board of Trustees of Fremont County School District Number One to terminate Mr. Scott's employment. He contends that the Board's decision was untimely and, as a result, the Board lacked subject matter jurisdiction. We affirm. ISSUE [ 2] Mr. Scott presents one issue, which we reword as follows: Did the Board lose subject matter jurisdiction over this matter when it...
BURKE , Chief Justice . [ 1] In this third and final phase of the general adjudication of water rights in the Big Horn River, the Special Master recommended adjudicating the right to irrigate 52 acres of land owned by Hat Bar Cattle Company. 1 That recommendation was made following a hearing on an objection to the adjudication from neighboring landowner Betty Whitt. The district court adopted the Special Master's Report and Recommendation, and adjudicated the Hat Bar's water rights. Ms....
FOX , Justice . [ 1] After learning of Mother's imminent relocation nearly 1,400 miles away, Father, Austin Lee Moore, petitioned for custody modification and to transfer primary custody of the parties' child, TM, to him. Mother, Carrera Kylee Cook (f/k/a Carrera Kylee Moore), opposed the modification, and after a trial on the merits, the district court found that Mother's move constituted a material change in circumstances, and that it was in the best interests of TM for Father to become...
KAUTZ , Justice . [ 1] Jason Christopher Durkee was convicted after a jury trial of driving while under the influence of methamphetamine and aggravated vehicular homicide based upon recklessness. He claims his constitutional right to a speedy trial was violated because 637 days passed between the initial charges and his trial. Applying the test from Barker v. Wingo, 407 U.S. 514 , 92 S.Ct. 2182, 33 L.Ed.2d 101 (1972), we conclude the delay did not substantially impair his right to a...
GOLDEN , Justice (Ret.) . [ 1] A jury found Curtis Russell Oldman guilty of conspiracy to commit robbery. Mr. Oldman has appealed that conviction, claiming the State failed to present sufficient evidence of that conspiracy and the State engaged in prosecutorial misconduct in both its opening statement and closing argument by misleading the jury by using the phrase "if he was there, he was aware" to suggest that Mr. Oldman's mere presence at the scene of the robbery was sufficient evidence...
FOX , Justice . [ 1] A jury convicted John Wayne Butler of one count of second-degree sexual abuse of a minor. He appeals, arguing there was insufficient evidence to sustain the conviction, the district court abused its discretion in sentencing him to incarceration instead of probation, and the district court considered inappropriate factors in its sentencing decision. We affirm. ISSUES [ 2] 1. Was there sufficient evidence presented to sustain Mr. Butler's conviction 2. Did the...
KITE , Justice . [ 1] A jury found Zacharia Lee Johnson guilty of attempted first degree murder, aggravated burglary, conspiracy to commit aggravated burglary and aggravated assault. Mr. Johnson appeals, claiming the district court erred in incorrectly instructing the jury on the meaning of malice and denying his motion for judgment of acquittal on the conspiracy charge. We conclude the jury was improperly instructed but Mr. Johnson was not prejudiced thereby. We, therefore, affirm....
