11 Wyoming opinions name it 1 courts 1977–2012 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 |
|---|---|---|
Wilfred W. Nielsen v. Frank X. Hopkins, Warden, Nebraska State Penitentiarygreen2 sentences2003In reaching this result, we cited Nielsen v. Hopkins, 58 F.3d 1331, 1335 (8th Cir.1995), in which the court "concluded that admitting the act but denying the requisite mental state by an intoxication defense to first degree murder charges is not the functional equivalent of a guilty plea." Id. [T 47] - Our holding in Olsen is not particularly helpful in resolving Mr. Sincock's claim because it was based in large part on Mr. Olsen's several confessions to having shot the vietims. - Unlike the facts before us in Olsen, Mr. Sincock denied shooting Becky. 2003In reaching this result, we cited Nielsen v. Hopkins, 58 F.3d 1331, 1335 (8th Cir.1995), in which the court "concluded that admitting the act but denying the requisite mental state by an intoxication defense to first degree murder charges is not the functional equivalent of a guilty plea." Id. [T 47] - Our holding in Olsen is not particularly helpful in resolving Mr. Sincock's claim because it was based in large part on Mr. Olsen's several confessions to having shot the vietims. - Unlike the facts before us in Olsen, Mr. Sincock denied shooting Becky. | 3 | 3 |
Kenneth Ray Parker v. A.L. Lockhart, Director, Arkansas Department of Correctiongreen2 sentences2008Nielsen v. Hopkins, 58 F.3d 1331, 1335 (8th Cir.1995); Parker v. Lockhart, 907 F.2d 859, 861 (8th Cir.1990). 2005Nielsen v. Hopkins, 58 F.3d 1331, 1335 (8th Cir.1995); Parker v. Lockhart, 907 F.2d 859, 861 (8th Cir.1990). | 3 | 3 |
Sanchez v. Stategreen2 sentences2012Ken, ¶ 27, 267 P.3d at 574 , citing Sanchez v. State, 2011 WY 77, ¶ 40 , 253 P.3d 136, 147 (Wyo.2011); Strickland v. Washington, 466 U.S. 668, 690-91 , 104 S.Ct. 2052 , 80 L.Ed.2d 674 (1984). 2012Ken, ¶ 27, 267 P.3d at 574 , citing Sanchez v. State, 2011 WY 77, ¶ 40 , 253 P.3d 136, 147 (Wyo.2011); Strickland v. Washington, 466 U.S. 668, 690-91 , 104 S.Ct. 2052 , 80 L.Ed.2d 674 (1984). | 1 | 1 |
Martinez v. Stategreen2 sentences2007Duke, ¶ 36, 99 P.3d at 943 ; see also Martinez v. State, 2006 WY 20, ¶ 23 , 128 P.3d 652, 662-63 (Wyo.2006). [¶ 81] Lessard has set forth six claims of alleged ineffectiveness, namely: (1) trial counsel told the jury he was a prior sex offender; (2) trial counsel did not examine all the photos that were part of discovery; (8) trial counsel failed to object to everything he could have at trial; (4) trial counsel failed to timely submit jury instructions and erroneously requested an intoxication instruction; (5) trial counsel did not submit the telephone records of Anna Mae Johnson; and (6) tria 2007Duke, ¶ 36, 99 P.3d at 943 ; see also Martinez v. State, 2006 WY 20, ¶ 23 , 128 P.3d 652, 662-63 (Wyo.2006). [¶ 81] Lessard has set forth six claims of alleged ineffectiveness, namely: (1) trial counsel told the jury he was a prior sex offender; (2) trial counsel did not examine all the photos that were part of discovery; (8) trial counsel failed to object to everything he could have at trial; (4) trial counsel failed to timely submit jury instructions and erroneously requested an intoxication instruction; (5) trial counsel did not submit the telephone records of Anna Mae Johnson; and (6) tria | 1 | 1 |
Herdt v. Stategreen1 sentence2005Herdt v. State, 816 P.2d 1299, 1301-02 (Wyo.1991).... [[Image here]] The Eighth Circuit has considered similar facts and concluded that admitting the act but denying the requisite mental state by an intoxication defense to first degree murder charges is not the functional equivalent of a guilty plea. | 1 | 1 |
Grainey v. Stategreen1 sentence2003See Grainey v. State, 997 P.2d 1035, 1040 (Wyo. 2000). [176] The Eighth Circuit has considered similar facts and concluded that admitting the act but denying the requisite mental state by an intoxication defense to first degree murder charges is not the functional equivalent of a guilty plea. | 1 | 1 |
Cureton v. Stategreen1 sentence2000As in Cureton v. State, 950 P.2d 544, 548 (Wyo.1997), Grainey “has not provided even a hint of exculpatory evidence that [his] trial counsel failed to learn or investigate.” Absent such evidence, Grainey has failed to meet his burden of overcoming the presumption that counsel provided effective assistance. | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Wyoming. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Ken v. State
green
1 sentence2012Ken, ¶ 27, 267 P.3d at 574 , citing Sanchez v. State, 2011 WY 77, ¶ 40 , 253 P.3d 136, 147 (Wyo.2011); Strickland v. Washington, 466 U.S. 668, 690-91 , 104 S.Ct. 2052 , 80 L.Ed.2d 674 (1984). | 1 | 2012–2012 |
Strickland v. Washington
green
2 sentences2012Ken, ¶ 27, 267 P.3d at 574 , citing Sanchez v. State, 2011 WY 77, ¶ 40 , 253 P.3d 136, 147 (Wyo.2011); Strickland v. Washington, 466 U.S. 668, 690-91 , 104 S.Ct. 2052 , 80 L.Ed.2d 674 (1984). 2012Ken, ¶ 27, 267 P.3d at 574 , citing Sanchez v. State, 2011 WY 77, ¶ 40 , 253 P.3d 136, 147 (Wyo.2011); Strickland v. Washington, 466 U.S. 668, 690-91 , 104 S.Ct. 2052 , 80 L.Ed.2d 674 (1984). | 1 | 2012–2012 |
Wilkening v. State
green
1 sentence2011Id., ¶23, 120 P.3d at 687 . | 1 | 2011–2011 |
Duke v. State
green
1 sentence2007Duke, ¶ 36, 99 P.3d at 943 ; see also Martinez v. State, 2006 WY 20, ¶ 23 , 128 P.3d 652, 662-63 (Wyo.2006). [¶ 81] Lessard has set forth six claims of alleged ineffectiveness, namely: (1) trial counsel told the jury he was a prior sex offender; (2) trial counsel did not examine all the photos that were part of discovery; (8) trial counsel failed to object to everything he could have at trial; (4) trial counsel failed to timely submit jury instructions and erroneously requested an intoxication instruction; (5) trial counsel did not submit the telephone records of Anna Mae Johnson; and (6) tria | 1 | 2007–2007 |
State v. Caldrain
green
2 sentences1998Id. 1998Id. | 1 | 1998–1998 |
People v. Fite
green
1 sentence1986People v. Fite, Colo., 627 P.2d 761 (1981). | 1 | 1986–1986 |
Miller v. State
green
2 sentences1977We said in Miller v. State, Wyo., 560 P.2d 739 , 740: "Appellant asserts that the failure of the trial judge to instruct on the effect of voluntary drunkenness upon specific intent as a necessary element of burglary abridged his right to a fair trial. 1977We said in Miller v. State, Wyo., 560 P.2d 739 , 740: “Appellant asserts that the failure of the trial judge to instruct on the effect of voluntary drunkenness upon specific intent as a necessary element of burglary abridged his right to a fair trial. | 1 | 1977–1977 |
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.