burden of proving prejudicial error (Wyoming) · Go Syfert
← Wyoming issues

burden of proving prejudicial error in Wyoming

12 Wyoming opinions name it 1 courts 2004–2016 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.

Followed or applied (7)

CaseFollowedCited
Skinner v. Stategreen
wyo · 2001 · cited in 5 Wyoming opinions naming this issue, 2008–2016
2 sentences

2016Skinner v. State, 2001 WY 102, ¶ 25 , 33 P.3d 758, 767 (Wyo. 2001).

2016Skinner v. State, 2001 WY 102, ¶ 25 , 33 P.3d 758, 767 (Wyo. 2001).

45
Taylor v. Stategreen
wyo · 2001 · cited in 4 Wyoming opinions naming this issue, 2005–2008
2 sentences

2008Wilks, ¶ 26, 49 P.3d at 986 ; see also Taylor v. State, 2001 WY 13, ¶ 19 , 17 P.3d 715, 722 (Wyo.2001). [1T21] Because Cooper did not object at trial to the prosecutor's alleged misconduct, the standard of review is plain error.

2008Wilks, ¶ 26, 49 P.3d at 986 ; see also Taylor v. State, 2001 WY 13, ¶ 19 , 17 P.3d 715, 722 (Wyo.2001). [1T21] Because Cooper did not object at trial to the prosecutor's alleged misconduct, the standard of review is plain error.

44
Tennant v. Stategreen
wyo · 1990 · cited in 4 Wyoming opinions naming this issue, 2004–2006
2 sentences

2006Wilks, at ¶ 26; see also Taylor [v. State, 2001 WY 13 ], at ¶ 19, [ 17 P.3d 715, 722 (Wyo.2001) ]; Tennant v. State, 786 P.2d 339, 346 (Wyo.1990).

2005Wilks, at ¶ 26; see also Taylor [v. State, 2001 WY 13 , 17 P.3d 715 (Wyo.2001) ], at ¶ 19; Tennant v. State, 786 P.2d 339, 346 (Wyo.1990).

44
Bromley v. Stategreen
wyo · 2009 · cited in 1 Wyoming opinions naming this issue, 2016–2016
2 sentences

2016A jury could reasonably conclude that although Wiese was not completely sober, he was able to form the requisite intent, Wiese has the burden of proving prejudicial error, see Bromley v. State, 2009 WY 133, ¶ 24 , 219 P.3d 110, 116-17 (Wyo. 2009), and he has failed to do so.

2016A jury could reasonably conclude that although Wiese was not completely sober, he was able to form the requisite intent, Wiese has the burden of proving prejudicial error, see Bromley v. State, 2009 WY 133, ¶ 24 , 219 P.3d 110, 116-17 (Wyo. 2009), and he has failed to do so.

11
Smith v. Stategreen
wyo · 2009 · cited in 1 Wyoming opinions naming this issue, 2009–2009
2 sentences

2009We have defined reasonableness in this context as "sound judgment exercised with regard to what is right under the cireumstances and without being arbitrary or capricious." Smith v. State, 2009 WY 2, ¶ 35 , 199 P.3d 1052, 1063 (Wyo.2009) (quoting Szymanski v. State, 2007 WY 139, ¶ 15 , 166 P.3d 879, 883 (Wyo.2007)). [¶25] Although not fully treated as a separate issue, the appellant raises as part of this argument the district court's denial of his mid-trial motion for a mistrial, based upon admission of this evidence.

2009We have defined reasonableness in this context as "sound judgment exercised with regard to what is right under the cireumstances and without being arbitrary or capricious." Smith v. State, 2009 WY 2, ¶ 35 , 199 P.3d 1052, 1063 (Wyo.2009) (quoting Szymanski v. State, 2007 WY 139, ¶ 15 , 166 P.3d 879, 883 (Wyo.2007)). [¶25] Although not fully treated as a separate issue, the appellant raises as part of this argument the district court's denial of his mid-trial motion for a mistrial, based upon admission of this evidence.

11
Callen v. Stategreen
wyo · 2008 · cited in 1 Wyoming opinions naming this issue, 2009–2009
2 sentences

2009The burden of proving prejudicial error rests with the appellant. *117 Callen v. State, 2008 WY 107, ¶ 5 , 192 P.3d 137, 141 (Wyo.2008) (citations omitted).

2009The burden of proving prejudicial error rests with the appellant. *117 Callen v. State, 2008 WY 107, ¶ 5 , 192 P.3d 137, 141 (Wyo.2008) (citations omitted).

11
Szymanski v. Stategreen
wyo · 2007 · cited in 1 Wyoming opinions naming this issue, 2009–2009
2 sentences

2009We have defined reasonableness in this context as "sound judgment exercised with regard to what is right under the cireumstances and without being arbitrary or capricious." Smith v. State, 2009 WY 2, ¶ 35 , 199 P.3d 1052, 1063 (Wyo.2009) (quoting Szymanski v. State, 2007 WY 139, ¶ 15 , 166 P.3d 879, 883 (Wyo.2007)). [¶25] Although not fully treated as a separate issue, the appellant raises as part of this argument the district court's denial of his mid-trial motion for a mistrial, based upon admission of this evidence.

2009We have defined reasonableness in this context as "sound judgment exercised with regard to what is right under the cireumstances and without being arbitrary or capricious." Smith v. State, 2009 WY 2, ¶ 35 , 199 P.3d 1052, 1063 (Wyo.2009) (quoting Szymanski v. State, 2007 WY 139, ¶ 15 , 166 P.3d 879, 883 (Wyo.2007)). [¶25] Although not fully treated as a separate issue, the appellant raises as part of this argument the district court's denial of his mid-trial motion for a mistrial, based upon admission of this evidence.

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
Wilks v. State green
wyo · 2002
1 sentence

2008Wilks, ¶ 26, 49 P.3d at 986 ; see also Taylor v. State, 2001 WY 13, ¶ 19 , 17 P.3d 715, 722 (Wyo.2001). [1T21] Because Cooper did not object at trial to the prosecutor's alleged misconduct, the standard of review is plain error.

12008–2008

Statutes the citing opinions construe

WY § Wyo. Stat. § 6-2-104 (3)

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.

Where else courts name it

WY 12 (2004–2016) SD 4 (1984–2003) IN 3 (1980–1982) VT 2 (1988–2023) MO 2 (2019–2023)

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.

← Caselaw search · G Cite Topics · Brief Check