15 Wyoming opinions name it 1 courts 1979–2022 1 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 |
|---|---|---|
Estrada-Sanchez v. Stategreen2 sentences2020“The purpose of the structural error doctrine is to ensure insistence on certain basic, 12 [¶32] An information must “(1) contain the elements of the offense charged; (2) fairly inform a defendant of the charges against which he must defend; and (3) enable a defendant to plead an acquittal or conviction in bar of future prosecutions for the same offense.” Spagner, ¶ 10, 200 P.3d at 799 (citing Estrada-Sanchez v. State, 2003 WY 45, ¶ 13 , 66 P.3d 703, 708 (Wyo. 2003)). 2020“The purpose of the structural error doctrine is to ensure insistence on certain basic, 12 [¶32] An information must “(1) contain the elements of the offense charged; (2) fairly inform a defendant of the charges against which he must defend; and (3) enable a defendant to plead an acquittal or conviction in bar of future prosecutions for the same offense.” Spagner, ¶ 10, 200 P.3d at 799 (citing Estrada-Sanchez v. State, 2003 WY 45, ¶ 13 , 66 P.3d 703, 708 (Wyo. 2003)). | 4 | 4 |
Stewart v. Stategreen2 sentences2007Id. at 1351 (citing Stewart v. State, 724 P.2d 439, 440-41 (Wyo.1986)). 2003Id. at 1351 (citing Stewart v. State, 724 P.2d 439, 440-41 (Wyo.1986)). | 3 | 3 |
Hovee v. Stategreen2 sentences1996The requirements are that an indictment is sufficient if it contains, 1) the elements of the offense charged, 2) if it fairly informs a defendant of the charge against which he must defend, and 3) if it enables the defendant to plead an acquittal or conviction in bar of future prosecutions for the same offense. * * * In Faltynowicz we said: “ * * * The same standards, [of Hovee, supra] of course, would apply in judging the sufficiency of an information.” Id., at 371. ⅜ ⅜ sfc ⅜ ‡ ⅜ We have said that where the specific date is not a requirement of the crime, alleging a general time period in lie 1983In Hovee v. State, Wyo., 596 P.2d 1127, 1131 (1979), this court, citing Hamling v. United States, 418 U.S. 87 , 94 S.Ct. 2887 , 41 L.Ed.2d 590 (1974) said: “an indictment is sufficient if it contains the elements of the offense charged and fairly informs a defendant of the charge against which he must defend and enables him to plead an acquittal or conviction in bar of future prosecutions for the same offense * * Here the indictment was sufficient in that it fairly apprised appellant of the charge being brought against him. | 2 | 3 |
Heywood v. Stategreen2 sentences2013Counts v. State, 2012 WY 70, ¶39 , 277 P.3d 94, 106 (Wyo.2012) (quoting Heywood v. State, 2009 WY 70, ¶4 , 208 P.3d 71, 72 (Wyo.2009)). [127] We have stated that an information is constitutionally sufficient "if it 1) contains the elements of the offense charged; 2) fairly informs a defendant of the charge against which he must defend; and 3) enables a defendant to plead an acquittal or conviction in bar of future prosecutions for the same offense." Hulsy v. State, 2009 WY 81, ¶9 , 209 P.3d 901, 904 (Wyo.2009) (quoting Estrada-Sanchez v. State, 2003 WY 45, ¶13 , 66 P.3d 703, 708 (Wyo.2003)). 2013Counts v. State, 2012 WY 70, ¶39 , 277 P.3d 94, 106 (Wyo.2012) (quoting Heywood v. State, 2009 WY 70, ¶4 , 208 P.3d 71, 72 (Wyo.2009)). [127] We have stated that an information is constitutionally sufficient "if it 1) contains the elements of the offense charged; 2) fairly informs a defendant of the charge against which he must defend; and 3) enables a defendant to plead an acquittal or conviction in bar of future prosecutions for the same offense." Hulsy v. State, 2009 WY 81, ¶9 , 209 P.3d 901, 904 (Wyo.2009) (quoting Estrada-Sanchez v. State, 2003 WY 45, ¶13 , 66 P.3d 703, 708 (Wyo.2003)). | 1 | 1 |
HULSY v. Stategreen2 sentences2013Counts v. State, 2012 WY 70, ¶39 , 277 P.3d 94, 106 (Wyo.2012) (quoting Heywood v. State, 2009 WY 70, ¶4 , 208 P.3d 71, 72 (Wyo.2009)). [127] We have stated that an information is constitutionally sufficient "if it 1) contains the elements of the offense charged; 2) fairly informs a defendant of the charge against which he must defend; and 3) enables a defendant to plead an acquittal or conviction in bar of future prosecutions for the same offense." Hulsy v. State, 2009 WY 81, ¶9 , 209 P.3d 901, 904 (Wyo.2009) (quoting Estrada-Sanchez v. State, 2003 WY 45, ¶13 , 66 P.3d 703, 708 (Wyo.2003)). 2013Counts v. State, 2012 WY 70, ¶39 , 277 P.3d 94, 106 (Wyo.2012) (quoting Heywood v. State, 2009 WY 70, ¶4 , 208 P.3d 71, 72 (Wyo.2009)). [127] We have stated that an information is constitutionally sufficient "if it 1) contains the elements of the offense charged; 2) fairly informs a defendant of the charge against which he must defend; and 3) enables a defendant to plead an acquittal or conviction in bar of future prosecutions for the same offense." Hulsy v. State, 2009 WY 81, ¶9 , 209 P.3d 901, 904 (Wyo.2009) (quoting Estrada-Sanchez v. State, 2003 WY 45, ¶13 , 66 P.3d 703, 708 (Wyo.2003)). | 1 | 1 |
Counts v. Stategreen2 sentences2013Counts v. State, 2012 WY 70, ¶39 , 277 P.3d 94, 106 (Wyo.2012) (quoting Heywood v. State, 2009 WY 70, ¶4 , 208 P.3d 71, 72 (Wyo.2009)). [127] We have stated that an information is constitutionally sufficient "if it 1) contains the elements of the offense charged; 2) fairly informs a defendant of the charge against which he must defend; and 3) enables a defendant to plead an acquittal or conviction in bar of future prosecutions for the same offense." Hulsy v. State, 2009 WY 81, ¶9 , 209 P.3d 901, 904 (Wyo.2009) (quoting Estrada-Sanchez v. State, 2003 WY 45, ¶13 , 66 P.3d 703, 708 (Wyo.2003)). 2013Counts v. State, 2012 WY 70, ¶39 , 277 P.3d 94, 106 (Wyo.2012) (quoting Heywood v. State, 2009 WY 70, ¶4 , 208 P.3d 71, 72 (Wyo.2009)). [127] We have stated that an information is constitutionally sufficient "if it 1) contains the elements of the offense charged; 2) fairly informs a defendant of the charge against which he must defend; and 3) enables a defendant to plead an acquittal or conviction in bar of future prosecutions for the same offense." Hulsy v. State, 2009 WY 81, ¶9 , 209 P.3d 901, 904 (Wyo.2009) (quoting Estrada-Sanchez v. State, 2003 WY 45, ¶13 , 66 P.3d 703, 708 (Wyo.2003)). | 1 | 1 |
Boyd v. Stategreen1 sentence1996The requirements are that an indictment is sufficient if it contains, 1) the elements of the offense charged, 2) if it fairly informs a defendant of the charge against which he must defend, and 3) if it enables the defendant to plead an acquittal or conviction in bar of future prosecutions for the same offense. * * * In Faltynowicz we said: “ * * * The same standards, [of Hovee, supra] of course, would apply in judging the sufficiency of an information.” Id., at 371. ⅜ ⅜ sfc ⅜ ‡ ⅜ We have said that where the specific date is not a requirement of the crime, alleging a general time period in lie | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Wyoming. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Spagner v. State
green
2 sentences2022To ensure proper notice of the accusations and enable the defendant to prepare a defense, these constitutional provisions and W.R.Cr.P. 3(e)(2)(B) require the information to: “(1) contain the elements of the offense charged; (2) fairly inform a defendant of the charges against which he must defend; and (3) enable a defendant to plead an acquittal or conviction in bar of future prosecutions for the same offense.” Id. at ¶ 32, 458 P.3d at 1223 (quoting Spagner, ¶ 10, 200 P.3d at 799 ). 2020“The purpose of the structural error doctrine is to ensure insistence on certain basic, 12 [¶32] An information must “(1) contain the elements of the offense charged; (2) fairly inform a defendant of the charges against which he must defend; and (3) enable a defendant to plead an acquittal or conviction in bar of future prosecutions for the same offense.” Spagner, ¶ 10, 200 P.3d at 799 (citing Estrada-Sanchez v. State, 2003 WY 45, ¶ 13 , 66 P.3d 703, 708 (Wyo. 2003)). | 4 | 2010–2022 |
Hamling v. United States
green
2 sentences1983In Hovee v. State, Wyo., 596 P.2d 1127, 1131 (1979), this court, citing Hamling v. United States, 418 U.S. 87 , 94 S.Ct. 2887 , 41 L.Ed.2d 590 (1974) said: “an indictment is sufficient if it contains the elements of the offense charged and fairly informs a defendant of the charge against which he must defend and enables him to plead an acquittal or conviction in bar of future prosecutions for the same offense * * Here the indictment was sufficient in that it fairly apprised appellant of the charge being brought against him. 1983In Hovee v. State, Wyo., 596 P.2d 1127, 1131 (1979), this court, citing Hamling v. United States, 418 U.S. 87 , 94 S.Ct. 2887 , 41 L.Ed.2d 590 (1974) said: “an indictment is sufficient if it contains the elements of the offense charged and fairly informs a defendant of the charge against which he must defend and enables him to plead an acquittal or conviction in bar of future prosecutions for the same offense * * Here the indictment was sufficient in that it fairly apprised appellant of the charge being brought against him. | 2 | 1979–1983 |
Joseph D. LaJeunesse v. The State of Wyoming
green
1 sentence2022To ensure proper notice of the accusations and enable the defendant to prepare a defense, these constitutional provisions and W.R.Cr.P. 3(e)(2)(B) require the information to: “(1) contain the elements of the offense charged; (2) fairly inform a defendant of the charges against which he must defend; and (3) enable a defendant to plead an acquittal or conviction in bar of future prosecutions for the same offense.” Id. at ¶ 32, 458 P.3d at 1223 (quoting Spagner, ¶ 10, 200 P.3d at 799 ). | 1 | 2022–2022 |
Jansen v. State
green
1 sentence2007Id. at 1351 (citing Stewart v. State, 724 P.2d 439, 440-41 (Wyo.1986)). | 1 | 2007–2007 |
Vernier v. State
green
2 sentences2003The constitutional requirements are implemented in W.R.Cr.P. 3(b)(1), which provides that the information must be a "plain, concise and definite written statement of the essential facts constituting the offense charged." Id. [T13] Under the constitutional requirements and the criminal procedure rule, an information is sufficient if it: 1) contains the elements of the offense charged; 2) fairly informs a defendant of the charge against which he must defend; and 3) enables a defendant to plead an acquittal or conviction in bar of future prosecutions for the same offense. 2003The constitutional requirements are implemented in W.R.Cr.P. 3(b)(1), which provides that the information must be a "plain, concise and definite written statement of the essential facts constituting the offense charged." Id. [¶ 13] Under the constitutional requirements and the criminal procedure rule, an information is sufficient if it: 1) contains the elements of the offense charged; 2) fairly informs a defendant of the charge against which he must defend; and 3) enables a defendant to plead an acquittal or conviction in bar of future prosecutions for the same offense. | 1 | 2003–2003 |
Lynch v. United States
green
1 sentence1996The requirements are that an indictment is sufficient if it contains, 1) the elements of the offense charged, 2) if it fairly informs a defendant of the charge against which he must defend, and 3) if it enables the defendant to plead an acquittal or conviction in bar of future prosecutions for the same offense. * * * In Faltynowicz we said: “ * * * The same standards, [of Hovee, supra] of course, would apply in judging the sufficiency of an information.” Id., at 371. ⅜ ⅜ sfc ⅜ ‡ ⅜ We have said that where the specific date is not a requirement of the crime, alleging a general time period in lie | 1 | 1996–1996 |
Ford v. State Bar of California
green
1 sentence1996The requirements are that an indictment is sufficient if it contains, 1) the elements of the offense charged, 2) if it fairly informs a defendant of the charge against which he must defend, and 3) if it enables the defendant to plead an acquittal or conviction in bar of future prosecutions for the same offense. * * * In Faltynowicz we said: “ * * * The same standards, [of Hovee, supra] of course, would apply in judging the sufficiency of an information.” Id., at 371. ⅜ ⅜ sfc ⅜ ‡ ⅜ We have said that where the specific date is not a requirement of the crime, alleging a general time period in lie | 1 | 1996–1996 |
Ostrowski v. State
green
2 sentences1986These standards were also applied in Ostrowski v. State, Wyo., 665 P.2d 471 (1983); State v. Faltynowicz, Wyo., 660 P.2d 368 (1983); and Nimmo v. State, Wyo., 603 P.2d 386 (1979). 1986These standards were also applied in Ostrowski v. State, Wyo., 665 P.2d 471 (1983); State v. Faltynowicz, Wyo., 660 P.2d 368 (1983); and Nimmo v. State, Wyo., 603 P.2d 386 (1979). | 1 | 1986–1986 |
Nimmo v. State
green
2 sentences1986These standards were also applied in Ostrowski v. State, Wyo., 665 P.2d 471 (1983); State v. Faltynowicz, Wyo., 660 P.2d 368 (1983); and Nimmo v. State, Wyo., 603 P.2d 386 (1979). 1986These standards were also applied in Ostrowski v. State, Wyo., 665 P.2d 471 (1983); State v. Faltynowicz, Wyo., 660 P.2d 368 (1983); and Nimmo v. State, Wyo., 603 P.2d 386 (1979). | 1 | 1986–1986 |
State v. Faltynowicz
green
2 sentences1986These standards were also applied in Ostrowski v. State, Wyo., 665 P.2d 471 (1983); State v. Faltynowicz, Wyo., 660 P.2d 368 (1983); and Nimmo v. State, Wyo., 603 P.2d 386 (1979). 1986These standards were also applied in Ostrowski v. State, Wyo., 665 P.2d 471 (1983); State v. Faltynowicz, Wyo., 660 P.2d 368 (1983); and Nimmo v. State, Wyo., 603 P.2d 386 (1979). | 1 | 1986–1986 |
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.