structural or fundamental error (Wyoming) · Go Syfert
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structural or fundamental error in Wyoming

5 Wyoming opinions name it 1 courts 2008–2023 2 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.

Followed or applied (3)

CaseFollowedCited
Granzer v. Stategreen
wyo · 2008 · cited in 4 Wyoming opinions naming this issue, 2017–2023
2 sentences

2023However, I respectfully dissent from Part II because Mr. Person was prejudiced when the district court misled the jury by giving a general intent instruction for the specific intent crime of stalking. [¶103] I agree with the majority that the district court’s instruction on general intent is a trial error that “must be prejudicial to constitute reversible error.” Schuerman v. State, 2022 WY 160, ¶ 7 , 522 P.3d 145, 148 (Wyo. 2022) (quoting Schmuck v. State, 2017 WY 140, ¶ 45 , 406 P.3d 286, 301 (Wyo. 2017)); Granzer v. State, 2008 WY 118, ¶18 , 193 P.3d 266 , 271–72 (Wyo. 2008) (“[A] trial cou

2023However, I respectfully dissent from Part II because Mr. Person was prejudiced when the district court misled the jury by giving a general intent instruction for the specific intent crime of stalking. [¶103] I agree with the majority that the district court’s instruction on general intent is a trial error that “must be prejudicial to constitute reversible error.” Schuerman v. State, 2022 WY 160, ¶ 7 , 522 P.3d 145, 148 (Wyo. 2022) (quoting Schmuck v. State, 2017 WY 140, ¶ 45 , 406 P.3d 286, 301 (Wyo. 2017)); Granzer v. State, 2008 WY 118, ¶18 , 193 P.3d 266 , 271–72 (Wyo. 2008) (“[A] trial cou

14
Schmuck v. Stategreen
wyo · 2017 · cited in 1 Wyoming opinions naming this issue, 2023–2023
2 sentences

2023However, I respectfully dissent from Part II because Mr. Person was prejudiced when the district court misled the jury by giving a general intent instruction for the specific intent crime of stalking. [¶103] I agree with the majority that the district court’s instruction on general intent is a trial error that “must be prejudicial to constitute reversible error.” Schuerman v. State, 2022 WY 160, ¶ 7 , 522 P.3d 145, 148 (Wyo. 2022) (quoting Schmuck v. State, 2017 WY 140, ¶ 45 , 406 P.3d 286, 301 (Wyo. 2017)); Granzer v. State, 2008 WY 118, ¶18 , 193 P.3d 266 , 271–72 (Wyo. 2008) (“[A] trial cou

2023However, I respectfully dissent from Part II because Mr. Person was prejudiced when the district court misled the jury by giving a general intent instruction for the specific intent crime of stalking. [¶103] I agree with the majority that the district court’s instruction on general intent is a trial error that “must be prejudicial to constitute reversible error.” Schuerman v. State, 2022 WY 160, ¶ 7 , 522 P.3d 145, 148 (Wyo. 2022) (quoting Schmuck v. State, 2017 WY 140, ¶ 45 , 406 P.3d 286, 301 (Wyo. 2017)); Granzer v. State, 2008 WY 118, ¶18 , 193 P.3d 266 , 271–72 (Wyo. 2008) (“[A] trial cou

11
Nathan Jess Michael Schuerman v. The State of Wyominggreen
wyo · 2022 · cited in 1 Wyoming opinions naming this issue, 2023–2023
2 sentences

2023However, I respectfully dissent from Part II because Mr. Person was prejudiced when the district court misled the jury by giving a general intent instruction for the specific intent crime of stalking. [¶103] I agree with the majority that the district court’s instruction on general intent is a trial error that “must be prejudicial to constitute reversible error.” Schuerman v. State, 2022 WY 160, ¶ 7 , 522 P.3d 145, 148 (Wyo. 2022) (quoting Schmuck v. State, 2017 WY 140, ¶ 45 , 406 P.3d 286, 301 (Wyo. 2017)); Granzer v. State, 2008 WY 118, ¶18 , 193 P.3d 266 , 271–72 (Wyo. 2008) (“[A] trial cou

2023However, I respectfully dissent from Part II because Mr. Person was prejudiced when the district court misled the jury by giving a general intent instruction for the specific intent crime of stalking. [¶103] I agree with the majority that the district court’s instruction on general intent is a trial error that “must be prejudicial to constitute reversible error.” Schuerman v. State, 2022 WY 160, ¶ 7 , 522 P.3d 145, 148 (Wyo. 2022) (quoting Schmuck v. State, 2017 WY 140, ¶ 45 , 406 P.3d 286, 301 (Wyo. 2017)); Granzer v. State, 2008 WY 118, ¶18 , 193 P.3d 266 , 271–72 (Wyo. 2008) (“[A] trial cou

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Wyoming. Read the followed side critically anyway.

Also cited on this issue (1)

CaseCitedYears
Large v. State green
wyo · 2008
2 sentences

2008Id., ¶ 31, 177 P.3d at 816-17 . [¶ 18] Based upon the federal cases and Large , we conclude that a trial court's failure to instruct on an element of a crime is not a structural or fundamental error, but *272 rather a trial error.

2008Id., ¶31, 177 P.3d at 816-17 . [T18] Based upon the federal cases and Large, we conclude that a trial court's failure to instruct on an element of a crime is not a structural or fundamental error, but rather a trial error.

12008–2008

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