Kennedy v. State, 474 P.2d 127 (Wyo. 1970). · Go Syfert
Kennedy v. State, 474 P.2d 127 (Wyo. 1970). Cases Citing This Book View Copy Cite
100 citation events (9 in the last 25 years) across 1 distinct court.
Strongest positive: Christian J. Garza v. The State of Wyoming (wyo, 2020-03-04)
Treatment trajectory · 1971 → 2026 · click a year to view as-of
1971 1998 2026
Top citers, strongest first. 13 distinct citers. How cited ↗
cited Cited as authority (rule) Christian J. Garza v. The State of Wyoming
Wyo. · 2020 · confidence medium
Blakely v. State, 474 P.2d 127, 129 (Wyo. 1970).
cited Cited as authority (rule) Terence James v. State
Wyo. · 2015 · confidence medium
Blakely v. State, 474 P.2d 127, 129 (Wyo.1970).
cited Cited as authority (rule) Nelson v. State
Wyo. · 2010 · confidence medium
Blakely v. State, 474 P.2d 127, 129 (Wyo.1970).
cited Cited as authority (rule) Iseli v. State
Wyo. · 2007 · confidence medium
Blakely v. State, 474 P.2d 127, 129 (Wyo.1970).
cited Cited as authority (rule) Burkhardt v. State
Wyo. · 2005 · confidence medium
Blakely v. State, 474 P.2d 127, 129 (Wyo.1970).
cited Cited as authority (rule) In Re Termination of Parental Rights to CG, SG, JG and SG
Wyo. · 2003 · confidence medium
Blakely v. State, 474 P.2d 127, 129 (Wyo.1970).
cited Cited as authority (rule) Wheaton v. State
Wyo. · 2003 · confidence medium
Blakely v. State, 474 P.2d 127, 129 (Wyo.1970).
cited Cited as authority (rule) Holloman v. State
Wyo. · 2002 · confidence medium
Blakely v. State, 474 P.2d 127,129 (Wyo.1970).
discussed Cited as authority (rule) Coleman v. Strohman (2×)
Wyo. · 1991 · confidence medium
In Goodman v. State, 573 P.2d 400, 408 (Wyo.1977) (quoting Blakely v. State, 474 P.2d 127, 129 (Wyo.1970)), we said: “In order to meet the basic requirements of due process, it was necessary for the court in Blakely’s trial to instruct on defendant’s theory of the case ...,” and failure to do so resulted in a denial of due process.
examined Cited as authority (rule) Oien v. State (4×) also: Cited "see"
Wyo. · 1990 · confidence medium
Once the defendant requests an instruction be given which correctly articulates Wyoming law after an offering of substantial evidence to underpin that request, the "court's failure to cause [defendant's] main defense to be affirmatively presented to the jury [constitutes] a denial of due process." Blakely, 474 P.2d at 130 (emphasis added) ( accord State v. Hickenbottom, 63 Wyo. 41 , 178 P.2d 119, 131 (1947)).
discussed Cited as authority (rule) Sanchez v. State
Wyo. · 1985 · confidence medium
Goodman v. State, supra, 573 P.2d at 408 ; Thomas v. State, Wyo., 562 P.2d 1287, 1292-1293 (1977); Blakely v. State, Wyo., 474 P.2d 127, 129 (1970); State v. Hickenbottom, 63 Wyo. 41 , 178 P.2d 119, 131 (1947).
discussed Cited as authority (rule) Jackson v. State (2×)
Wyo. · 1981 · confidence medium
Blakely v. State, Wyo., 474 P.2d 127, 129 (1970).
discussed Cited as authority (rule) Nimmo v. State (2×)
Wyo. · 1980 · confidence medium
Blakely v. State, Wyo., 474 P.2d 127,129-130 (1970); State v. Hickenbottom, 63 Wyo. 41 , 178 P.2d 119, 127-132 (1947); and Murdock v. State, Wyo., 351 P.2d 674, 682-683 (1960).
Retrieving the full opinion text from the archive…
James Robert KENNEDY, Appellant (Defendant Below),
v.
STATE of Wyoming, Appellee (Plaintiff Below)
3795.
Wyoming Supreme Court.
Sep 9, 1970.
474 P.2d 127
Raymond B. Whitaker, Casper, in support of the petition.
Gray, McIntyre, Parker, McEwan.
Cited by 3 opinions  |  Published
PER CURIAM.

Defendant has petitioned this court for a rehearing in the above matter, asserting in some ten points that this court had either inadequately or erroneously disposed of his claims of error, including^ the disposition made of Instruction No. 6 on the presumption of innocence.

In the case of Carrillo v. State of Wyoming, Wyo., 474 P.2d 123, we had occasion to reconsider the correctness of our holding herein that the instruction was factually and legally correct and therein concluded that the opinion in this case, which is reported in 470 P.2d 372, should be modified by eliminating therefrom the indication that Instruction No. 6 was approved in the case of Reynolds v. United States, 9 Cir., 238 F.2d 460, 16 Alaska 502. In keeping therewith the statement made in the second full paragraph on page 376 of 470 P.2d that “It can be seen then that the trial court, in Kennedy’s case, followed what was approved in Reynolds” is withdrawn. The holding, however, is reaffirmed for the reasons also stated in Carrillo.

With respect to the remaining, points raised in the petition for rehearing, the arguments thereon in final analysis are directed to claims of error which were fully argued, considered, and adequately disposed of in the decision rendered. No additional facts or reasons are advanced in support of the petition on those particular points and accordingly the petition for rehearing must be denied, Elmer v. State, Wyo., 466 P.2d 375, 376.

Denied.