list factors in Wyoming

2025No single factor is dispositive, and the ultimate determination on the motion is based upon whether the defendant has carried his burden of establishing a fair and just reason for withdrawal.” Wanberg, ¶ 16, 466 P.3d at 273 (quoting Major v. State, 2004 WY 4 , ¶ 14, 83 P.3d 468, 473 (Wyo. 2004)). [¶15] The district court addressed each Frame factor but did not identify whether any given factor weighed in favor of or against Mr. Jarvis’ motion to withdraw or whether it was neutral.

2022The Court also aptly noted that the list of factors is necessarily non- exclusive, as “[h]uman conduct is infinitely various, and it would be folly to attempt to isolate any limited set of criteria as determinative.” Weissman, 547 P.2d at 1273 . [¶41] The record shows that the Board failed to consider Mr. Earling’s fitness to teach in light of all the circumstances and relevant factors, and had it considered all the evidence and relevant factors it could not have reasonably concluded as it did.

2020See, e.g., Brown, 2019 WY 42 , ¶¶ 6-7, 439 P.3d at 729-30 (finding that the police officer lacked reasonable suspicion to further detain the suspect for a dog sniff after returning his identification and completing the traffic stop); Pier v. State, 2019 WY 3 , ¶¶ 9-10, 432 P.3d 890, 895 (Wyo. 2019); Engdahl v. State, 2014 WY 76, ¶ 14 , 327 P.3d 114, 118 (Wyo. 2014); Wallace v. State, 2 The United States Supreme Court set forth a list of factors that may indicate a seizure under the Fourth Amendment, including, “the threatening presence of several officers, the display of a weapon by an officer

2020See, e.g., Brown, 2019 WY 42 , ¶¶ 6-7, 439 P.3d at 729-30 (finding that the police officer lacked reasonable suspicion to further detain the suspect for a dog sniff after returning his identification and completing the traffic stop); Pier v. State, 2019 WY 3 , ¶¶ 9-10, 432 P.3d 890, 895 (Wyo. 2019); Engdahl v. State, 2014 WY 76, ¶ 14 , 327 P.3d 114, 118 (Wyo. 2014); Wallace v. State, 2 The United States Supreme Court set forth a list of factors that may indicate a seizure under the Fourth Amendment, including, “the threatening presence of several officers, the display of a weapon by an officer

2020Tosi, 2 Bus. & Com. 5 We referred to an additional list of factors in Hirshberg, ¶ 14, 268 P.3d at 262 : Among the factors that courts normally consider in making this determination are the following: (1) the point to which the suit has progressed; (2) the purpose for which intervention is sought; (3) the length of time preceding the application during which the proposed intervenors knew or should have known of their interest in the case; (4) the prejudice to the original parties due to the proposed intervenor’s failure to promptly intervene after it knew or reasonably should have known of its

2020The district court considered these factors in reaching its decision. 3 2009 WY 152, ¶¶ 4-5 , 221 P.3d 967 , 968-69 (Wyo. 2009); see also Illinois v. Caballes, 543 U.S. 405, 409 , 125 S.Ct. 834, 838 , 160 L.Ed.2d 842 (2005).

2020The district court considered these factors in reaching its decision. 3 2009 WY 152, ¶¶ 4-5 , 221 P.3d 967 , 968-69 (Wyo. 2009); see also Illinois v. Caballes, 543 U.S. 405, 409 , 125 S.Ct. 834, 838 , 160 L.Ed.2d 842 (2005).

2019Id. (citing 3 Wright, King & Klein, Federal Practice and Procedure: Criminal 2d § 538 (Supp. 2001), and United States v. Black, 201 F.3d 1296, 1299-1300 (10th Cir. 2000)); see also, Major, ¶ 14, 83 P.3d at 473 (“Our intention in setting out the list of factors in Frame was to provide guidance to the trial courts in making the determination of whether a defendant has presented a fair and just reason in support of the motion to withdraw his guilty plea . . . .

2015Stat. Ann. § 1-14-126 (LexisNexis 2015) provides a list of factors the court may consider in determining an appropriate fee award: (b) In civil actions for which an award of attorney's fees is authorized, the court in its discretion may award reagonable attorney's fees to the prevailing party without requiring expert testimony, In exercising its discretion the court may con51der the following factors: (i) The time and labor 1equ1red the novelty and difficulty of the questions involved, and the skill requisite to perform the legal service properly; (i) The likelihood that the acceptance of the

2015As part of that procedure, the district court must " "winnow out excessive hours'" NRF, ¶ 9, 294 P.3d at 883 , quoting Gay Officers Action League v. Puerto Rico, 247 F.3d 288, 296 (1st Cir.2001).

2014Frame, 2001 WY 72, ¶7 , 29 P.3d at 89 ; see also Major v. State, 2004 WY 4 , 1 14, 83 P.3d 468, 473 (Wyo.2004) ("Our intention in setting out the list of factors in Frame was to provide guidance to the trial courts in making the determination of whether a defendant has presented a fair and just reason in sup *1199 port of the motion to withdraw his guilty plea.").

2014Frame, 2001 WY 72, ¶7 , 29 P.3d at 89 ; see also Major v. State, 2004 WY 4 , 1 14, 83 P.3d 468, 473 (Wyo.2004) ("Our intention in setting out the list of factors in Frame was to provide guidance to the trial courts in making the determination of whether a defendant has presented a fair and just reason in sup *1199 port of the motion to withdraw his guilty plea.").

2011Based on this precedent, and having considered guidance from other jurisdictions, we will apply this same "reasonable under all of the cireum-stances" standard to determine whether searches undertaken pursuant to the School District's Policy violate Article 1, § 4 of the Wyoming Constitution. [118] Another common feature of the cases upholding the constitutionality of such searches is the list of factors considered to determine reasonableness. - In Vernoniq, these factors were stated as: (1) "the nature of the privacy interest upon which the search here at issue intrudes," 515 U.S. at 654 , 11

2011Based on this precedent, and having considered guidance from other jurisdictions, we will apply this same "reasonable under all of the cireum-stances" standard to determine whether searches undertaken pursuant to the School District's Policy violate Article 1, § 4 of the Wyoming Constitution. [118] Another common feature of the cases upholding the constitutionality of such searches is the list of factors considered to determine reasonableness. - In Vernoniq, these factors were stated as: (1) "the nature of the privacy interest upon which the search here at issue intrudes," 515 U.S. at 654 , 11

2011The same three factors, in only slightly different words, were also considered in Haris, 586 U.S. at 880-84, 122 S.Ct. at 2565-67 ; in Joye, 176 N.J. at 584-85 , 826 A.2d at 688-34 ; in Linke, 768 N.E.2d at 979; and in Theodore, 575 Pa. at 341-42 , 836 A.2d at 88 . [119] This list of factors is also consistent with Wyoming precedent.

2011The same three factors, in only slightly different words, were also considered in Haris, 586 U.S. at 880-84, 122 S.Ct. at 2565-67 ; in Joye, 176 N.J. at 584-85 , 826 A.2d at 688-34 ; in Linke, 768 N.E.2d at 979; and in Theodore, 575 Pa. at 341-42 , 836 A.2d at 88 . [119] This list of factors is also consistent with Wyoming precedent.

2011The same three factors, in only slightly different words, were also considered in Haris, 586 U.S. at 880-84, 122 S.Ct. at 2565-67 ; in Joye, 176 N.J. at 584-85 , 826 A.2d at 688-34 ; in Linke, 768 N.E.2d at 979; and in Theodore, 575 Pa. at 341-42 , 836 A.2d at 88 . [119] This list of factors is also consistent with Wyoming precedent.

2011The same three factors, in only slightly different words, were also considered in Haris, 586 U.S. at 880-84, 122 S.Ct. at 2565-67 ; in Joye, 176 N.J. at 584-85 , 826 A.2d at 688-34 ; in Linke, 768 N.E.2d at 979; and in Theodore, 575 Pa. at 341-42 , 836 A.2d at 88 . [119] This list of factors is also consistent with Wyoming precedent.

2011The same three factors, in only slightly different words, were also considered in Haris, 586 U.S. at 880-84, 122 S.Ct. at 2565-67 ; in Joye, 176 N.J. at 584-85 , 826 A.2d at 688-34 ; in Linke, 768 N.E.2d at 979; and in Theodore, 575 Pa. at 341-42 , 836 A.2d at 88 . [119] This list of factors is also consistent with Wyoming precedent.

2011The same three factors, in only slightly different words, were also considered in Haris, 586 U.S. at 880-84, 122 S.Ct. at 2565-67 ; in Joye, 176 N.J. at 584-85 , 826 A.2d at 688-34 ; in Linke, 768 N.E.2d at 979; and in Theodore, 575 Pa. at 341-42 , 836 A.2d at 88 . [119] This list of factors is also consistent with Wyoming precedent.

2009Damato, ¶ 9, 64 P.3d at 704-05 . [¶29] The district court provided this list of factors articulated by Trooper Green as giving rise to reasonable suspicion: 1) the odor of perfume that dissipated over time; 2) the Avis rental agreement in addition to the Hertz rental agreement; 3) [Mr.] Loo's unusually high nervousness; 4) Trooper Green's drug detection dog sniffing at [Mr.] Loo when [he] entered the patrol car; and 5) Trooper Green's knowledge from experience that drug traffickers often rent more than one vehicle in the course of transporting contraband.

1989Van Arsdall, 475 U.S. at 684 , 106 S.Ct. at 1436 , 89 L.Ed.2d at 686-87 .

1989Van Arsdall, 475 U.S. at 684 , 106 S.Ct. at 1436 , 89 L.Ed.2d at 686-87 .