9 Wyoming opinions name it 1 courts 1977–2004 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 |
|---|---|---|
Barkell v. Stategreen1 sentence2004Barkell , at ¶ 16. [¶ 19] In his brief, Strickland concedes that “[w]hile failure to secure an expert witness in this case is not sufficient in itself to find ineffective assistance of counsel, counsel’s further failure to submit proper instructions confirms that counsel was ineffective.” The instructions Strickland claims should have been offered were an alibi instruction and a theory of the case instruction, as well as a specific intent instruction. | 1 | 1 |
State v. Petersongreen2 sentences1992The net effect is that a “conviction of the lesser-included offense [is] possible regardless of the state of the evidence.” Comment, 57 Nw.U.L.Rev. at 67; see also Fike v. State, 255 Ark. 956, 959 , 504 S.W.2d 363, 365 (1974) (applying jury function theory); [State v.] Brown, 163 Conn. [52] at 60-61, 301 A.2d [547] at 552 [(1972)] (same); State v. Peterson, 290 So.2d 307, 311 (La.1974) (same); Beach, 429 Mich, at 461-65, 418 N.W.2d at 866-68 (describing the jury function theory in conjunction with strict statutory-elements approach.) 2. 1992The net effect is that a "conviction of the lesser-included offense [is] possible regardless of the state of the evidence." Comment, 57 Nw.U.L.Rev. at 67; see also Fike v. State, 255 Ark. 956, 959 , 504 S.W.2d 363, 365 (1974) (applying jury function theory); [ State v. ] Brown , 163 Conn. [52] at 60-61, 301 A.2d [547] at 552 [(1972)] (same); State v. Peterson, 290 So.2d 307, 311 (La.1974) (same); Beach, 429 Mich. at 461-65, 418 N.W.2d at 866-68 (describing the jury function theory in conjunction with strict statutory-elements approach.) 2. | 1 | 1 |
Fike v. Stategreen2 sentences1992The net effect is that a “conviction of the lesser-included offense [is] possible regardless of the state of the evidence.” Comment, 57 Nw.U.L.Rev. at 67; see also Fike v. State, 255 Ark. 956, 959 , 504 S.W.2d 363, 365 (1974) (applying jury function theory); [State v.] Brown, 163 Conn. [52] at 60-61, 301 A.2d [547] at 552 [(1972)] (same); State v. Peterson, 290 So.2d 307, 311 (La.1974) (same); Beach, 429 Mich, at 461-65, 418 N.W.2d at 866-68 (describing the jury function theory in conjunction with strict statutory-elements approach.) 2. 1992The net effect is that a “conviction of the lesser-included offense [is] possible regardless of the state of the evidence.” Comment, 57 Nw.U.L.Rev. at 67; see also Fike v. State, 255 Ark. 956, 959 , 504 S.W.2d 363, 365 (1974) (applying jury function theory); [State v.] Brown, 163 Conn. [52] at 60-61, 301 A.2d [547] at 552 [(1972)] (same); State v. Peterson, 290 So.2d 307, 311 (La.1974) (same); Beach, 429 Mich, at 461-65, 418 N.W.2d at 866-68 (describing the jury function theory in conjunction with strict statutory-elements approach.) 2. | 1 | 1 |
State v. Faltynowiczgreen1 sentence1987Rule 9(a), W.R.Cr.P. states in relevant part: “Error in the citation or its omission or any other defect or imperfection which does not tend to prejudice any substantial right of the defendant upon the merits or to mislead the defendant to his prejudice shall not be grounds for * * * reversal of a conviction.” (Emphasis added.) The policy of the rule “is that imperfections of form which are not prejudicial are disregarded.” State v. Faltynowicz, Wyo., 660 P.2d 368, 371 (1983). | 1 | 1 |
State v. Gravesgreen2 sentences1986See also State v. Graves, Mo., 588 S.W.2d 495 (1979). 1986See also State v. Graves, Mo., 588 S.W.2d 495 (1979). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Wyoming. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Joseph Code v. Charles M. Montgomery
green
2 sentences1987In this regard, the case at bar is similar to Code v. Montgomery, 799 F.2d 1481 (11th Cir.1986), where ineffective assistance of counsel was found where counsel attempted to present an alibi defense without alibi witnesses. 1987In this regard, the case at bar is similar to Code v. Montgomery, 799 F.2d 1481 (11th Cir.1986), where ineffective assistance of counsel was found where counsel attempted to present an alibi defense without alibi witnesses. | 1 | 1987–1987 |
Clenin v. State
red
2 sentences1984To the extent that we have gone beyond the factual background for the rule of Doyle v. Ohio, supra, in discussing the effect here of questioning about the failure to advise the county attorney of the alibi defense in the light of the advice by the justice of the peace and the district judge, we deem that error also to be plain error and fundamental error.” 573 P.2d at 846-847 . 1984To the extent that we have gone beyond the factual background for the rule of Doyle v. Ohio, supra, in discussing the effect here of questioning about the failure to advise the county attorney of the alibi defense in the light of the advice by the justice of the peace and the district judge, we deem that error also to be plain error and fundamental error." 573 P.2d at 846-847 . | 1 | 1984–1984 |
Richter v. State
red
2 sentences1984For the reasons indicated, this court is now forced to overrule Richter v. State, Wyo., 642 P.2d 1269 (1982), and return to the Clenin doctrine. 1984For the reasons indicated, this court is now forced to overrule Richter v. State, Wyo., 642 P.2d 1269 (1982), and return to the Clenin doctrine. | 1 | 1984–1984 |
Williams v. Florida
green
2 sentences1978The Supreme Court of the United States in Williams v. State of Florida, 1970, 399 U.S. 78 , 90 S.Ct. 1893 , 26 L.Ed.2d 446 , concluded, along with every other court that had considered the question, the privilege against self-incrimination is not violated by a requirement that the defendant give notice of an alibi defense and disclose his alibi witnesses. 1978The Supreme Court of the United States in Williams v. State of Florida, 1970, 399 U.S. 78 , 90 S.Ct. 1893 , 26 L.Ed.2d 446 , concluded, along with every other court that had considered the question, the privilege against self-incrimination is not violated by a requirement that the defendant give notice of an alibi defense and disclose his alibi witnesses. | 1 | 1978–1978 |
United States v. Alfred Marion Spoonhunter, Sr.
green
2 sentences1977United States v. Spoonhunter, 476 F.2d 1050 (10th Cir.1973); and People v. Lukoszus, 242 Ill. 101 , 89 N.E. 749 (1909). 1977United States v. Spoonhunter, 476 F.2d 1050 (10th Cir.1973); and People v. Lukoszus, 242 Ill. 101 , 89 N.E. 749 (1909). | 1 | 1977–1977 |
United States v. Charles E. Wiggins
green
2 sentences1977Induced error is impermissible. . . . ” Similarly, the court held in United States v. Wiggins, 174 U.S.App.D.C. 166, 168 , 530 F.2d 1018, 1020 , rehearing denied: “At the trial below appellant’s counsel stated that ‘our defense was alibi’ and ‘the only special instruction I would ask for would be the alibi instruction.’ Then when the charge, including the standard alibi instruction, was read to the jury appellant’s counsel did not object, but instead stated that he was ‘[sjatisfied.’ Clearly, appellant is now precluded from assigning as error an instruction which his counsel specifically reque 1977Induced error is impermissible. . . . ” Similarly, the court held in United States v. Wiggins, 174 U.S.App.D.C. 166, 168 , 530 F.2d 1018, 1020 , rehearing denied: “At the trial below appellant’s counsel stated that ‘our defense was alibi’ and ‘the only special instruction I would ask for would be the alibi instruction.’ Then when the charge, including the standard alibi instruction, was read to the jury appellant’s counsel did not object, but instead stated that he was ‘[sjatisfied.’ Clearly, appellant is now precluded from assigning as error an instruction which his counsel specifically reque | 1 | 1977–1977 |
People v. Lukoszus
green
2 sentences1977United States v. Spoonhunter, 476 F.2d 1050 (10th Cir.1973); and People v. Lukoszus, 242 Ill. 101 , 89 N.E. 749 (1909). 1977United States v. Spoonhunter, 476 F.2d 1050 (10th Cir.1973); and People v. Lukoszus, 242 Ill. 101 , 89 N.E. 749 (1909). | 1 | 1977–1977 |
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.