11 Wyoming opinions name it 1 courts 1968–2021 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 |
|---|---|---|
Elmer v. Stategreen2 sentences1971Although it is true that these instructions eliminated some of the language of the Allen Instruction, which was before us in Elmer v. State, Wyo., 463 P.2d 14 , and which was given as a supplemental instruction, it can hardly be questioned that the tenor and purpose of Nos. 23 and 25 was to get before the jury other ingredients of the Allen Instruction which mounting authorities condemn as being coercive and erroneous. 1971Although it is true that these instructions eliminated some of the language of the Allen Instruction, *467 which was before us in Elmer v. State, Wyo., 463 P.2d 14 , and which was given as a supplemental instruction, it can hardly be questioned that the tenor and purpose of Nos. 23 and 25 was to get before the jury other ingredients of the Allen Instruction which mounting authorities condemn as being coercive and erroneous. | 1 | 2 |
Miranda Rose Mraz v. Stategreen2 sentences2021It was not an act of such independent intent that we can view it as a complete waiver of the error now alleged on appeal.” Id. at ¶ 35, 366 P.3d at 520 ; see also Mraz v. State, 2016 WY 85, ¶¶ 62-65 , 378 P.3d 280, 294-95 (Wyo. 2016) (defendant did not waive her claim the jury should have been given a supplemental instruction on the definition of “forgery” when she agreed with the prosecution that the jury should be referred to the instructions already given). 2021It was not an act of such independent intent that we can view it as a complete waiver of the error now alleged on appeal.” Id. at ¶ 35, 366 P.3d at 520 ; see also Mraz v. State, 2016 WY 85, ¶¶ 62-65 , 378 P.3d 280, 294-95 (Wyo. 2016) (defendant did not waive her claim the jury should have been given a supplemental instruction on the definition of “forgery” when she agreed with the prosecution that the jury should be referred to the instructions already given). | 1 | 1 |
Seeley v. Stategreen2 sentences2016DISCUSSION [¶8] The supplemental instruction given in this case “is commonly referred to as an ‘Allen-type’ instruction, a term used to describe an instruction which urges continued deliberation when the jury is temporarily unable to come to an agreement regarding guilt or innocence.” Seeley v. State, 959 P.2d 170, 177 (Wyo. 1998) (italics added). 2016DISCUSSION [¶ 8] The supplemental instruction given in this case “is commonly referred to as an ‘Allen-type’ instruction, a term used to describe an instruction which urges continued deliberation when the jury is temporarily unable to come to .an agreement regarding guilt or innocence.” Seeley v. State, 959 P.2d 170, 177 (Wyo.1998) (italics added). | 1 | 1 |
Brown v. Stategreen2 sentences2016Brown v. State, 2015 WY 4, ¶ 40 , 340 P.3d 1020, 1031 (Wyo. 2015). [168] We have further held that "f the original instructions are insufficient or if the jury expresses confusion or lack of understanding of a significant element of the applicable law, it is a court's duty to provide additional instructions." Brown, ¶ 43, 340 P.3d at 1031 (citing Heywood v. State, 2007 WY 149, ¶ 28 , 170 P.3d 1227, 1235 ; (Wyo. 2007)), A supplemental instruction is not proper if it misstates the law. 2016Brown v. State, 2015 WY 4, ¶ 40 , 340 P.3d 1020, 1031 (Wyo. 2015). [168] We have further held that "f the original instructions are insufficient or if the jury expresses confusion or lack of understanding of a significant element of the applicable law, it is a court's duty to provide additional instructions." Brown, ¶ 43, 340 P.3d at 1031 (citing Heywood v. State, 2007 WY 149, ¶ 28 , 170 P.3d 1227, 1235 ; (Wyo. 2007)), A supplemental instruction is not proper if it misstates the law. | 1 | 1 |
Luedtke v. Stategreen2 sentences2015Luedtke v. State, 2005 WY 98, ¶ 28 , 117 P.3d 1227, 1282 (Wyo.2005). 2015Luedtke v. State, 2005 WY 98, ¶ 28 , 117 P.3d 1227, 1282 (Wyo.2005). | 1 | 1 |
Cronin v. Stategreen1 sentence2005The language of the supplemental instruction challenged by Mr. Luedtke is identical to instructions provided in Cronin v. State, 678 P.2d 370, 371 (Wyo.1984) and Broom . | 1 | 1 |
Jeffers v. Offegreen2 sentences1981Jeffers v. Offe, Wyo., 598 P.2d 450, 451 (1979); Zanetti Bus Lines, Inc. v. Logan, Wyo., 400 P.2d 482, 487 (1965). 1981Jeffers v. Offe, Wyo., 598 P.2d 450, 451 (1979); Zanetti Bus Lines, Inc. v. Logan, Wyo., 400 P.2d 482, 487 (1965). | 1 | 1 |
Zanetti Bus Lines, Inc. v. Logangreen2 sentences1981Jeffers v. Offe, Wyo., 598 P.2d 450, 451 (1979); Zanetti Bus Lines, Inc. v. Logan, Wyo., 400 P.2d 482, 487 (1965). 1981Jeffers v. Offe, Wyo., 598 P.2d 450, 451 (1979); Zanetti Bus Lines, Inc. v. Logan, Wyo., 400 P.2d 482, 487 (1965). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Wyoming. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Hoskins v. State
green
2 sentences1983In Hoskins v. State, Wyo., 552 P.2d 342 (1976), this court approved the rule that in reviewing the propriety of a supplemental instruction given the jury, the instructions have to be considered as a whole and the supplemental instruction examined in the light of the other instructions previously given. 1983In Hoskins v. State, Wyo., 552 P.2d 342 (1976), this court approved the rule that in reviewing the propriety of a supplemental instruction given the jury, the instructions have to be considered as a whole and the supplemental instruction examined in the light of the other instructions previously given. | 2 | 1983–2016 |
Heywood v. State
green
2 sentences2016Brown v. State, 2015 WY 4, ¶ 40 , 340 P.3d 1020, 1031 (Wyo. 2015). [168] We have further held that "f the original instructions are insufficient or if the jury expresses confusion or lack of understanding of a significant element of the applicable law, it is a court's duty to provide additional instructions." Brown, ¶ 43, 340 P.3d at 1031 (citing Heywood v. State, 2007 WY 149, ¶ 28 , 170 P.3d 1227, 1235 ; (Wyo. 2007)), A supplemental instruction is not proper if it misstates the law. 2016Brown v. State, 2015 WY 4, ¶ 40 , 340 P.3d 1020, 1031 (Wyo. 2015). [168] We have further held that "f the original instructions are insufficient or if the jury expresses confusion or lack of understanding of a significant element of the applicable law, it is a court's duty to provide additional instructions." Brown, ¶ 43, 340 P.3d at 1031 (citing Heywood v. State, 2007 WY 149, ¶ 28 , 170 P.3d 1227, 1235 ; (Wyo. 2007)), A supplemental instruction is not proper if it misstates the law. | 2 | 2015–2016 |
Steven W. Vaught v. State
green
1 sentence2021It was not an act of such independent intent that we can view it as a complete waiver of the error now alleged on appeal.” Id. at ¶ 35, 366 P.3d at 520 ; see also Mraz v. State, 2016 WY 85, ¶¶ 62-65 , 378 P.3d 280, 294-95 (Wyo. 2016) (defendant did not waive her claim the jury should have been given a supplemental instruction on the definition of “forgery” when she agreed with the prosecution that the jury should be referred to the instructions already given). | 1 | 2021–2021 |
Allen v. United States
green
2 sentences2016As we noted in Elmer v. State, 463 P.2d 14, 21 (Wyo.1969), it is called an Allen-type instruction “since an instruction along that line was approved by the United States Supreme Court many years ago” in the case of Allen v. United States, 164 U.S. 492, 501-02 , 17 S.Ct. 154, 157 , 41 L.Ed. 528 (1896). 2016As we noted in Elmer v. State, 463 P.2d 14, 21 (Wyo.1969), it is called an Allen-type instruction “since an instruction along that line was approved by the United States Supreme Court many years ago” in the case of Allen v. United States, 164 U.S. 492, 501-02 , 17 S.Ct. 154, 157 , 41 L.Ed. 528 (1896). | 1 | 2016–2016 |
Julian Robert Marfil v. State
green
1 sentence2016Marfil v. State, 2016 WY 12, ¶ 29 , 866 P.3d 969 , 977 (Wyo. 2016). [169] Ms Mraz was charged with forgery in violation of Wyo. | 1 | 2016–2016 |
Snow v. State
green
2 sentences2015It correctly gave a supplemental instruction that followed the language in the Information and clarified the confusing and ambiguous language in the original instruction relating to Count III. [144] In support of his argument, Appellant relies upon our holding in Snow v. State, 2009 WY 117 , 216 P.3d 505 (Wyo.2009). 2015It correctly gave a supplemental instruction that followed the language in the Information and clarified the confusing and ambiguous language in the original instruction relating to Count III. [144] In support of his argument, Appellant relies upon our holding in Snow v. State, 2009 WY 117 , 216 P.3d 505 (Wyo.2009). | 1 | 2015–2015 |
Granzer v. State
green
1 sentence2015Id. [1 41] Where the original instructions are insufficient and confusing, we have found that not providing a supplemental instruction identifying the conduct claimed to constitute a crime under a particular count of an Information can result in prejudicial error. | 1 | 2015–2015 |
Creecy v. State
green
2 sentences2011Jury must be considered as a whole, and individual instructions, or parts of them, should not be singled out and considered in isolation." We confine our review to a "search for prejudicial error." "[Als long as the instructions correctly state the law and the entire charge covers the relevant issue, reversible error will not be found." Id. (citations omitted). [113] The alleged error is clearly shown in the record as the transcript includes a reading of the jury question and the supplemental instruction by the district court judge and there are documents in the exhibits folder which mirror th 2011Jury "[i]nstructions must be considered as a whole, and individual instructions, or parts of them, should not be singled out and considered in isolation." We confine our review to a "search for prejudicial error." "[A]s long as the instructions correctly state the law and the entire charge covers the relevant issue, reversible error will not be found." Id. (citations omitted). [¶ 13] The alleged error is clearly shown in the record as the transcript includes a reading of the jury question and the supplemental instruction by the district court judge and there are documents in the exhibits folde | 1 | 2011–2011 |
Sandstrom v. Montana
green
2 sentences1983In the case of Sandstrom v. Montana, 442 U.S. 510 , 99 S.Ct. 2450 , 61 L.Ed.2d 39 (1979), the other basis for the majority was cited to the court by the State as it ethically should have been. 1983In the case of Sandstrom v. Montana, 442 U.S. 510 , 99 S.Ct. 2450 , 61 L.Ed.2d 39 (1979), the other basis for the majority was cited to the court by the State as it ethically should have been. | 1 | 1983–1983 |
United States of America, and v. Joe Glennis Wheeler, And
green
2 sentences1976In United States v. Wheeler, 10 Cir. 1971, 444 F.2d 385 , it was said, “In determining the propriety of a supplemental instruction given the jury, the instructions have to be considered as a whole and the supplemental instruction examined in the light of the other instructions previously given.” A statement in an instruction to a deadlocked jury that the jury sitting is as competent as another is not coercive language in a supplemental instruction. 1976In United States v. Wheeler, 10 Cir.1971, 444 F.2d 385 , it was said, "In determining the propriety of a supplemental instruction given the jury, the instructions have to be considered as a whole and the supplemental instruction examined in the light of the other instructions previously given." A statement in an instruction to a deadlocked jury that the jury sitting is as competent as another is not coercive language in a supplemental instruction. | 1 | 1976–1976 |
State v. Maupin
green
2 sentences1976The words, "this case must at some time be decided," as part of a supplemental instruction otherwise neutral and non-coercive, were approved in State v. Maupin, 1975, 42 Ohio St.2d 473 , 330 N.E.2d 708 . 1976The words, "this case must at some time be decided," as part of a supplemental instruction otherwise neutral and non-coercive, were approved in State v. Maupin, 1975, 42 Ohio St.2d 473 , 330 N.E.2d 708 . | 1 | 1976–1976 |
Kelley v. State
green
2 sentences1976Kelley v. State, 1971, 51 Wis.2d 641 , 187 N.W. 2d 810 . 1976Kelley v. State, 1971, 51 Wis.2d 641 , 187 N.W. 2d 810 . | 1 | 1976–1976 |
Nicholson v. State
green
2 sentences1968The supplemental instruction here was not a so-called "get-together" instruction such as this court approved in Nicholson v. State, 24 Wyo. 347 , 157 P. 1013, 1015-1016 . 1968The supplemental instruction here was not a so-called "get-together" instruction such as this court approved in Nicholson v. State, 24 Wyo. 347 , 157 P. 1013, 1015-1016 . | 1 | 1968–1968 |
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.