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12 Wyoming opinions name it 1 courts 1991–2017 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 |
|---|---|---|
Lopez v. Stategreen2 sentences2010Butcher v. State, 2005 WY 146, ¶ 38 , 123 P.3d 543, 554 (Wyo.2005); Lopez v. State, 2004 WY 103, ¶ 56 , 98 P.3d 143, 157 (Wyo.2004). 2010Butcher v. State, 2005 WY 146, ¶ 38 , 123 P.3d 543, 554 (Wyo.2005); Lopez v. State, 2004 WY 103, ¶ 56 , 98 P.3d 143, 157 (Wyo.2004). | 4 | 4 |
Butcher v. Statered2 sentences2010Butcher v. State, 2005 WY 146, ¶ 38 , 123 P.3d 543, 554 (Wyo.2005); Lopez v. State, 2004 WY 103, ¶ 56 , 98 P.3d 143, 157 (Wyo.2004). 2010Butcher v. State, 2005 WY 146, ¶ 38 , 123 P.3d 543, 554 (Wyo.2005); Lopez v. State, 2004 WY 103, ¶ 56 , 98 P.3d 143, 157 (Wyo.2004). | 4 | 4 |
Earll v. Stategreen2 sentences2008"Before we hold that an error has affected an accused's substantial right, thus requiring reversal of a conviction, we must conclude that, based on the entire record, a reasonable possibility exists that, in the absence of the error, the verdict might have been more favorable to the accused." Earll, 19, [ 29 P.3d at 789-90 ]. [¶19] Williams v. State, 2002 WY 136, ¶ 21 , 54 P.3d 248, 254 (Wyo.2002) (some citations omitted). 2006“Before we hold that an error has affected an accused’s substantial right, thus requiring reversal of a conviction, we must conclude that, based on the entire record, a reasonable possibility exists that, in the absence of the error, the verdict might have been more favorable to the accused.” Earll [v. State, 2001 WY 66 ,] ¶ 9, [ 29 P.3d 787, 789 (Wyo.2001) ]. | 1 | 2 |
Chapman v. Californiayellow2 sentences2017Vigil, 2004 WY 110, ¶ 22 , 98 P.3d at 180 ; see also Chapman, 386 U.S. at 21 , 87 S.Ct. at 826-27 (constitutional error when defendants were punished for exercising their Fifth and Fourteenth Amendment right to be silent). [¶65] Here, Mr. Sam’s counsel objected to the improper statements, so we apply the harmless error standard: "Whether such misconduct has been reviewed on the basis of harmless error, W.R.Cr.P. 52(a) and W.R.A.P. 9.04, or on the basis of plain error, W.R.Cr.P. 52(b) and W.R.A.P. 9.05, this Court has focused on whether such error ... affected the accused’s “substantial rights. 2017Vigil, 2004 WY 110, ¶ 22 , 98 P.3d at 180 ; see also Chapman, 386 U.S. at 21 , 87 S.Ct. at 826-27 (constitutional error when defendants were punished for exercising their Fifth and Fourteenth Amendment right to be silent). [¶65] Here, Mr. Sam’s counsel objected to the improper statements, so we apply the harmless error standard: "Whether such misconduct has been reviewed on the basis of harmless error, W.R.Cr.P. 52(a) and W.R.A.P. 9.04, or on the basis of plain error, W.R.Cr.P. 52(b) and W.R.A.P. 9.05, this Court has focused on whether such error ... affected the accused’s “substantial rights. | 1 | 1 |
Williams v. Stategreen2 sentences2008"Before we hold that an error has affected an accused's substantial right, thus requiring reversal of a conviction, we must conclude that, based on the entire record, a reasonable possibility exists that, in the absence of the error, the verdict might have been more favorable to the accused." Earll, 19, [ 29 P.3d at 789-90 ]. [¶19] Williams v. State, 2002 WY 136, ¶ 21 , 54 P.3d 248, 254 (Wyo.2002) (some citations omitted). 2008"Before we hold that an error has affected an accused's substantial right, thus requiring reversal of a conviction, we must conclude that, based on the entire record, a reasonable possibility exists that, in the absence of the error, the verdict might have been more favorable to the accused." Earll, 19, [ 29 P.3d at 789-90 ]. [¶19] Williams v. State, 2002 WY 136, ¶ 21 , 54 P.3d 248, 254 (Wyo.2002) (some citations omitted). | 1 | 1 |
Simmons v. Stategreen2 sentences2004As we stated in Simmons v. State, 2003 WY 84, ¶ 15 , 72 P.3d 803, ¶ 15 (Wyo.2003), [pjrosecutorial misconduct “has always been condemned in this state.” Whether such misconduct has been reviewed on the *389 basis of harmless error, W.R.Cr.P. 52(a) and W.R.A.P. 9.04, or on the basis of plain error, W.R.Cr.P. 52(b) and W.R.A.P. 9.05, this Court has focused on whether such error affected the accused’s “substantial rights.” The accused’s right to a fair trial is a substantial right. 2004As we stated in Simmons v. State, 2003 WY 84, ¶ 15 , 72 P.3d 803, ¶ 15 (Wyo.2003), [pjrosecutorial misconduct “has always been condemned in this state.” Whether such misconduct has been reviewed on the *389 basis of harmless error, W.R.Cr.P. 52(a) and W.R.A.P. 9.04, or on the basis of plain error, W.R.Cr.P. 52(b) and W.R.A.P. 9.05, this Court has focused on whether such error affected the accused’s “substantial rights.” The accused’s right to a fair trial is a substantial right. | 1 | 1 |
Jones v. Stategreen1 sentence2001Wyo. Const. art. 1, §§ 6, 9, 10; and see e.g., Jones v. State, 580 P.2d 1150, 1154 (Wyo.1978). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Wyoming. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Valerio v. State
green
2 sentences2002Whether such misconduct has been reviewed on the basis of harmless error, W.R.Cr.P. 52(a) and W.R.A.P. 9.04, or on the basis of plain error, W.R.Cr.P. 52(b) and W.R.A.P. 9.05, this Court has focused on whether such error affected the accused's "substantial rights." Id. 2002Whether such misconduct has been reviewed on the basis of harmless error, W.R.Cr.P. 52(a) and W.R.A.P. 9.04, or on the basis of plain error, W.R.Cr.P. 52(b) and W.RAP. 9.05, this Court has focused on whether such error affected the accused's "substantial rights." Id. | 2 | 2002–2002 |
Vigil v. State
green
2 sentences2017Vigil, 2004 WY 110, ¶ 22 , 98 P.3d at 180 ; see also Chapman, 386 U.S. at 21 , 87 S.Ct. at 826-27 (constitutional error when defendants were punished for exercising their Fifth and Fourteenth Amendment right to be silent). [¶65] Here, Mr. Sam’s counsel objected to the improper statements, so we apply the harmless error standard: "Whether such misconduct has been reviewed on the basis of harmless error, W.R.Cr.P. 52(a) and W.R.A.P. 9.04, or on the basis of plain error, W.R.Cr.P. 52(b) and W.R.A.P. 9.05, this Court has focused on whether such error ... affected the accused’s “substantial rights. 2017Vigil, 2004 WY 110, ¶ 22 , 98 P.3d at 180 ; see also Chapman, 386 U.S. at 21 , 87 S.Ct. at 826-27 (constitutional error when defendants were punished for exercising their Fifth and Fourteenth Amendment right to be silent). [¶65] Here, Mr. Sam’s counsel objected to the improper statements, so we apply the harmless error standard: "Whether such misconduct has been reviewed on the basis of harmless error, W.R.Cr.P. 52(a) and W.R.A.P. 9.04, or on the basis of plain error, W.R.Cr.P. 52(b) and W.R.A.P. 9.05, this Court has focused on whether such error ... affected the accused’s “substantial rights. | 1 | 2017–2017 |
Teague v. Lane
red
2 sentences1991See for example, in federal law, Teague v. Lane, 489 U.S. 288 , 109 S.Ct. 1060 , 103 L.Ed.2d 334 , reh'g denied 490 U.S. 1031 , 109 S.Ct. 1771 , 104 L.Ed.2d 206 (1989) and Allen v. Hardy, 478 U.S. 255 , 106 S.Ct. 2878 , 92 L.Ed.2d 199 (1986). 1991See for example, in federal law, Teague v. Lane, 489 U.S. 288 , 109 S.Ct. 1060 , 103 L.Ed.2d 334 , reh'g denied 490 U.S. 1031 , 109 S.Ct. 1771 , 104 L.Ed.2d 206 (1989) and Allen v. Hardy, 478 U.S. 255 , 106 S.Ct. 2878 , 92 L.Ed.2d 199 (1986). | 1 | 1991–1991 |
Allen v. Hardy
green
2 sentences1991See for example, in federal law, Teague v. Lane, 489 U.S. 288 , 109 S.Ct. 1060 , 103 L.Ed.2d 334 , reh'g denied 490 U.S. 1031 , 109 S.Ct. 1771 , 104 L.Ed.2d 206 (1989) and Allen v. Hardy, 478 U.S. 255 , 106 S.Ct. 2878 , 92 L.Ed.2d 199 (1986). 1991See for example, in federal law, Teague v. Lane, 489 U.S. 288 , 109 S.Ct. 1060 , 103 L.Ed.2d 334 , reh'g denied 490 U.S. 1031 , 109 S.Ct. 1771 , 104 L.Ed.2d 206 (1989) and Allen v. Hardy, 478 U.S. 255 , 106 S.Ct. 2878 , 92 L.Ed.2d 199 (1986). | 1 | 1991–1991 |
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.
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.