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5 Wyoming opinions name it 1 courts 2013–2017 0 in the last five years
The cases below were cited by Wyoming courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
Ivan Lee Sweets, Sr. v. The State of Wyominggreen2 sentences2017Id. (overruling Bilderback v. State, 13 P.3d 249 (Wyo. 2000)); United States v. Dixon, 509 U.S. 688, 704-09 , 113 S.Ct. 2849, 2860-63 , 125 L.Ed. 2d 556 (1993) (overruling Grady v. Corbin, 495 U.S. 508 , 110 S.Ct. 2084 , 109 L.Ed.2d 548 (1990)), While Mr. Webb’s double jeopardy claim may have arguably had merit using the same facts or evidence test, that test had been relegated to the historical archives of our jurisprudence two years before his trial began. 2014Double jeopardy does not attach. [¶11] Mr. Mebane cites our recent decision in Sweets v. State, 2013 WY 98, ¶ 45 , 307 P.3d 860, 874 (Wyo.2013), in which we "overrule[d] the facts or evidence test for evaluating double jeopardy challenges to multiple punishments." decision to mean that facts and evidence are now irrelevant in double jeopardy analysis. | 1 | 4 |
Grady v. Corbinred2 sentences2017Id. (overruling Bilderback v. State, 13 P.3d 249 (Wyo. 2000)); United States v. Dixon, 509 U.S. 688, 704-09 , 113 S.Ct. 2849, 2860-63 , 125 L.Ed. 2d 556 (1993) (overruling Grady v. Corbin, 495 U.S. 508 , 110 S.Ct. 2084 , 109 L.Ed.2d 548 (1990)), While Mr. Webb’s double jeopardy claim may have arguably had merit using the same facts or evidence test, that test had been relegated to the historical archives of our jurisprudence two years before his trial began. 2017Id. (overruling Bilderback v. State, 13 P.3d 249 (Wyo. 2000)); United States v. Dixon, 509 U.S. 688, 704-09 , 113 S.Ct. 2849, 2860-63 , 125 L.Ed. 2d 556 (1993) (overruling Grady v. Corbin, 495 U.S. 508 , 110 S.Ct. 2084 , 109 L.Ed.2d 548 (1990)), While Mr. Webb’s double jeopardy claim may have arguably had merit using the same facts or evidence test, that test had been relegated to the historical archives of our jurisprudence two years before his trial began. | 1 | 2 |
Bilderback v. Stategreen2 sentences2017Id. (overruling Bilderback v. State, 13 P.3d 249 (Wyo. 2000)); United States v. Dixon, 509 U.S. 688, 704-09 , 113 S.Ct. 2849, 2860-63 , 125 L.Ed. 2d 556 (1993) (overruling Grady v. Corbin, 495 U.S. 508 , 110 S.Ct. 2084 , 109 L.Ed.2d 548 (1990)), While Mr. Webb’s double jeopardy claim may have arguably had merit using the same facts or evidence test, that test had been relegated to the historical archives of our jurisprudence two years before his trial began. 2013James, ¶ 13, 271 P.3d at 1019 (quoting Bilderback v. State, 13 P.3d 249, 254 (Wyo.2000)); see also Winstead, ¶ 14, 261 P.3d at 746; Najera, ¶ 11, 214 P.3d at 994 ; Rouse v. State, 966 P.2d 967, 970 (Wyo.1998); Owen v. State, 902 P.2d 190, 193 (Wyo.1995); Rivero v. State, 840 P.2d 933, 944 (Wyo.1992). [127] The facts or evidence test requires the following additional analysis to determine whether convictions should merge for sentencing: In deciding whether offenses merge, the question is whether the offenses charged "necessarily involve" one another, or whether any additional facts are needed t | 1 | 2 |
State Ex Rel. Wyoming Worker's Compensation Division v. Barkergreen1 sentence2013Workers' Compensation Div. v. Barker, 978 P.2d 1156, 1161 (Wyo.1999)). [145] Giving due respect to the important role of stare decisis, we nonetheless conclude, based on the need to align our merger analysis with the principles of double jeopardy law dictated by the United States Supreme Court, that this Court must overrule the facts or evidence test for evaluating double jeopardy challenges to multiple punishments. | 1 | 1 |
Cook v. Stategreen1 sentence2013We recognize the need to address that ambiguity, but we are also mindful that this Court must approach the prospect of overruling prior case law with great caution: We consider the doctrine of stare decisis to be an important principle which furthers the "evenhanded, predictable, and consistent development of legal principles, fosters reliance on judicial decisions, and contributes to the actual and perceived integrity of the judicial process." Cook v. State, 841 P.2d 1345, 1353 (Wyo.1992) (quoting Payne v. Tennessee, 501 U.S. 808, 827 , 111 S.Ct. 2597, 2609 , 115 L.Ed.2d 720 (1991)). | 1 | 1 |
Owen v. Stategreen2 sentences2013James, ¶ 13, 271 P.3d at 1019 (quoting Bilderback v. State, 13 P.3d 249, 254 (Wyo.2000)); see also Winstead, ¶ 14, 261 P.3d at 746; Najera, ¶ 11, 214 P.3d at 994 ; Rouse v. State, 966 P.2d 967, 970 (Wyo.1998); Owen v. State, 902 P.2d 190, 193 (Wyo.1995); Rivero v. State, 840 P.2d 933, 944 (Wyo.1992). [127] The facts or evidence test requires the following additional analysis to determine whether convictions should merge for sentencing: In deciding whether offenses merge, the question is whether the offenses charged "necessarily involve" one another, or whether any additional facts are needed t 2013Seq, e.g., James, ¶ 13, 271 P.3d at 1019 ; Winstead, ¶ 14, 261 P.3d at 746; Najera, ¶ 11, 214 P.3d at 994 ; Bilderback, 13 P.3d at 254 ; Rouse, 966 P.2d at 970 ; Owen, 902 P.2d at 193 ; Rivera, 840 P.2d at 944 . | 1 | 1 |
Rouse v. Stategreen2 sentences2013James, ¶ 13, 271 P.3d at 1019 (quoting Bilderback v. State, 13 P.3d 249, 254 (Wyo.2000)); see also Winstead, ¶ 14, 261 P.3d at 746; Najera, ¶ 11, 214 P.3d at 994 ; Rouse v. State, 966 P.2d 967, 970 (Wyo.1998); Owen v. State, 902 P.2d 190, 193 (Wyo.1995); Rivero v. State, 840 P.2d 933, 944 (Wyo.1992). [127] The facts or evidence test requires the following additional analysis to determine whether convictions should merge for sentencing: In deciding whether offenses merge, the question is whether the offenses charged "necessarily involve" one another, or whether any additional facts are needed t 2013Seq, e.g., James, ¶ 13, 271 P.3d at 1019 ; Winstead, ¶ 14, 261 P.3d at 746; Najera, ¶ 11, 214 P.3d at 994 ; Bilderback, 13 P.3d at 254 ; Rouse, 966 P.2d at 970 ; Owen, 902 P.2d at 193 ; Rivera, 840 P.2d at 944 . | 1 | 1 |
Rivera v. Stategreen2 sentences2013James, ¶ 13, 271 P.3d at 1019 (quoting Bilderback v. State, 13 P.3d 249, 254 (Wyo.2000)); see also Winstead, ¶ 14, 261 P.3d at 746; Najera, ¶ 11, 214 P.3d at 994 ; Rouse v. State, 966 P.2d 967, 970 (Wyo.1998); Owen v. State, 902 P.2d 190, 193 (Wyo.1995); Rivero v. State, 840 P.2d 933, 944 (Wyo.1992). [127] The facts or evidence test requires the following additional analysis to determine whether convictions should merge for sentencing: In deciding whether offenses merge, the question is whether the offenses charged "necessarily involve" one another, or whether any additional facts are needed t 2013Seq, e.g., James, ¶ 13, 271 P.3d at 1019 ; Winstead, ¶ 14, 261 P.3d at 746; Najera, ¶ 11, 214 P.3d at 994 ; Bilderback, 13 P.3d at 254 ; Rouse, 966 P.2d at 970 ; Owen, 902 P.2d at 193 ; Rivera, 840 P.2d at 944 . | 1 | 1 |
Commonwealth v. Whetstinegreen2 sentences2013Bilderback, 13 P.3d at 255 (quoting Commonwealth v. Whetstine, 344 Pa.Super. 246 , 496 A.2d 777, 779-80 (1985)). [128] Having set forth the general framework for our merger analysis, we next apply the two merger tests, the same elements test and the facts or evidence test, to the offenses for which Sweets was convicted and sentenced in this case. 2. 2013Bilderback, 13 P.3d at 255 (quoting Commonwealth v. Whetstine, 344 Pa.Super. 246 , 496 A.2d 777, 779-80 (1985)). [128] Having set forth the general framework for our merger analysis, we next apply the two merger tests, the same elements test and the facts or evidence test, to the offenses for which Sweets was convicted and sentenced in this case. 2. | 1 | 1 |
Rathbun v. Stategreen2 sentences2013Rathbun v. State, 2011 WY 116, ¶ 6 , 257 P.3d 29, 32 (Wyo.2011). [149] The case before us illustrates that application of the same facts or evidence test will not always yield results that are consistent with the same elements test. 2013Rathbun v. State, 2011 WY 116, ¶ 6 , 257 P.3d 29, 32 (Wyo.2011). [149] The case before us illustrates that application of the same facts or evidence test will not always yield results that are consistent with the same elements test. | 1 | 1 |
Marriage of Ricci v. Riccigreen2 sentences2013The facts or evidence test instead requires that we "examine the facts of this case and determine whether this defendant's [offense under § 6-8-408 (wrongful disposing) ] * * * could have occurred without the defendant necessarily committing an offense under [§ 6-3-407 (obtaining property by false pretenses) ]." See Bilderback, 18 P.3d at 255. 2013The facts or evidence test instead requires that we "examine the facts of this case and determine whether this defendant's [offense under § 6-8-408 (wrongful disposing) ] * * * could have occurred without the defendant necessarily committing an offense under [§ 6-3-407 (obtaining property by false pretenses) ]." See Bilderback, 18 P.3d at 255. | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Wyoming. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
United States v. Dixon
green
2 sentences2017Id. (overruling Bilderback v. State, 13 P.3d 249 (Wyo. 2000)); United States v. Dixon, 509 U.S. 688, 704-09 , 113 S.Ct. 2849, 2860-63 , 125 L.Ed. 2d 556 (1993) (overruling Grady v. Corbin, 495 U.S. 508 , 110 S.Ct. 2084 , 109 L.Ed.2d 548 (1990)), While Mr. Webb’s double jeopardy claim may have arguably had merit using the same facts or evidence test, that test had been relegated to the historical archives of our jurisprudence two years before his trial began. 2017Id. (overruling Bilderback v. State, 13 P.3d 249 (Wyo. 2000)); United States v. Dixon, 509 U.S. 688, 704-09 , 113 S.Ct. 2849, 2860-63 , 125 L.Ed. 2d 556 (1993) (overruling Grady v. Corbin, 495 U.S. 508 , 110 S.Ct. 2084 , 109 L.Ed.2d 548 (1990)), While Mr. Webb’s double jeopardy claim may have arguably had merit using the same facts or evidence test, that test had been relegated to the historical archives of our jurisprudence two years before his trial began. | 1 | 2017–2017 |
Blockburger v. United States
green
2 sentences2014Accordingly, he contends that the fact of Mr. Mebane interprets that: "Count[s] I and II happening on different days is irrelevant." - Again, there is no merit in such an assertion. [¶12] In Sweets, ¶ 49, 307 P.3d at 875 , we rejected the "facts or evidence test" in favor of the "same elements test." The same elements test was set forth in Blockburger v. United States, 284 U.S. 299, 304 , 52 S.Ct. 180, 182 , 76 L.Ed. 306 (1932): "the test to be applied to determine whether there are two offenses or only one, is whether each provision requires proof of a faet which the other does not." (Emphasi 2014Accordingly, he contends that the fact of Mr. Mebane interprets that: "Count[s] I and II happening on different days is irrelevant." - Again, there is no merit in such an assertion. [¶12] In Sweets, ¶ 49, 307 P.3d at 875 , we rejected the "facts or evidence test" in favor of the "same elements test." The same elements test was set forth in Blockburger v. United States, 284 U.S. 299, 304 , 52 S.Ct. 180, 182 , 76 L.Ed. 306 (1932): "the test to be applied to determine whether there are two offenses or only one, is whether each provision requires proof of a faet which the other does not." (Emphasi | 1 | 2014–2014 |
Albrecht v. United States
green
2 sentences2013The legislature remains free under the Double Jeopardy Clause to define crimes and fix punishments[.]1"); Albrecht v. United States, 273 U.S. 1, 11 , 47 S.Ct. 250, 254 , 71 L.Ed. 505 (1927) (recognizing legislative branch power to punish separate steps in a criminal transaction). [144] The divergent results in this case between application of the same elements test and the facts or evidence test bring to the forefront the ambiguity that the facts or evidence test has injected into our merger analysis. 2013The legislature remains free under the Double Jeopardy Clause to define crimes and fix punishments[.]1"); Albrecht v. United States, 273 U.S. 1, 11 , 47 S.Ct. 250, 254 , 71 L.Ed. 505 (1927) (recognizing legislative branch power to punish separate steps in a criminal transaction). [144] The divergent results in this case between application of the same elements test and the facts or evidence test bring to the forefront the ambiguity that the facts or evidence test has injected into our merger analysis. | 1 | 2013–2013 |
James v. State
green
2 sentences2013James, ¶ 13, 271 P.3d at 1019 (quoting Bilderback v. State, 13 P.3d 249, 254 (Wyo.2000)); see also Winstead, ¶ 14, 261 P.3d at 746; Najera, ¶ 11, 214 P.3d at 994 ; Rouse v. State, 966 P.2d 967, 970 (Wyo.1998); Owen v. State, 902 P.2d 190, 193 (Wyo.1995); Rivero v. State, 840 P.2d 933, 944 (Wyo.1992). [127] The facts or evidence test requires the following additional analysis to determine whether convictions should merge for sentencing: In deciding whether offenses merge, the question is whether the offenses charged "necessarily involve" one another, or whether any additional facts are needed t 2013Seq, e.g., James, ¶ 13, 271 P.3d at 1019 ; Winstead, ¶ 14, 261 P.3d at 746; Najera, ¶ 11, 214 P.3d at 994 ; Bilderback, 13 P.3d at 254 ; Rouse, 966 P.2d at 970 ; Owen, 902 P.2d at 193 ; Rivera, 840 P.2d at 944 . | 1 | 2013–2013 |
Payne v. Tennessee
green
2 sentences2013We recognize the need to address that ambiguity, but we are also mindful that this Court must approach the prospect of overruling prior case law with great caution: We consider the doctrine of stare decisis to be an important principle which furthers the "evenhanded, predictable, and consistent development of legal principles, fosters reliance on judicial decisions, and contributes to the actual and perceived integrity of the judicial process." Cook v. State, 841 P.2d 1345, 1353 (Wyo.1992) (quoting Payne v. Tennessee, 501 U.S. 808, 827 , 111 S.Ct. 2597, 2609 , 115 L.Ed.2d 720 (1991)). 2013We recognize the need to address that ambiguity, but we are also mindful that this Court must approach the prospect of overruling prior case law with great caution: We consider the doctrine of stare decisis to be an important principle which furthers the "evenhanded, predictable, and consistent development of legal principles, fosters reliance on judicial decisions, and contributes to the actual and perceived integrity of the judicial process." Cook v. State, 841 P.2d 1345, 1353 (Wyo.1992) (quoting Payne v. Tennessee, 501 U.S. 808, 827 , 111 S.Ct. 2597, 2609 , 115 L.Ed.2d 720 (1991)). | 1 | 2013–2013 |
Najera v. State
green
2 sentences2013James, ¶ 13, 271 P.3d at 1019 (quoting Bilderback v. State, 13 P.3d 249, 254 (Wyo.2000)); see also Winstead, ¶ 14, 261 P.3d at 746; Najera, ¶ 11, 214 P.3d at 994 ; Rouse v. State, 966 P.2d 967, 970 (Wyo.1998); Owen v. State, 902 P.2d 190, 193 (Wyo.1995); Rivero v. State, 840 P.2d 933, 944 (Wyo.1992). [127] The facts or evidence test requires the following additional analysis to determine whether convictions should merge for sentencing: In deciding whether offenses merge, the question is whether the offenses charged "necessarily involve" one another, or whether any additional facts are needed t 2013Seq, e.g., James, ¶ 13, 271 P.3d at 1019 ; Winstead, ¶ 14, 261 P.3d at 746; Najera, ¶ 11, 214 P.3d at 994 ; Bilderback, 13 P.3d at 254 ; Rouse, 966 P.2d at 970 ; Owen, 902 P.2d at 193 ; Rivera, 840 P.2d at 944 . | 1 | 2013–2013 |
Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.