extension rule in Wyoming

1985While, in the light of the language of Doyle v. Ohio, [ 426 U.S. 610 , 96 S.Ct. 2240 , 49 L.Ed.2d 91 (1976)], this may represent an extension of the rule of that case, it is our prerogative to so do in applying our state constitution. * * *" Clenin v. State, supra, 573 P.2d at 846 .

1985While, in the light of the language of Doyle v. Ohio, [ 426 U.S. 610 , 96 S.Ct. 2240 , 49 L.Ed.2d 91 (1976)], this may represent an extension of the rule of that case, it is our prerogative to so do in applying our state constitution. * * * ” Clenin v. State, supra, 573 P.2d at 846 .

1984See, e.g., Oregon v. Hass, 420 U.S. 714 , 95 S.Ct. 1215 , 43 L.Ed.2d 570 (1975); People v. Disbrow, 16 Cal.3d 101 , 127 Cal.Rptr. 360 , 545 P.2d 272 (1976); State v. Santiago, 53 Haw. 254 , 492 P.2d 657 (1971); Commonwealth v. Triplett, 462 Pa. 244 , 341 A.2d 62 (1975).

1984See, e.g., Oregon v. Hass, 420 U.S. 714 , 95 S.Ct. 1215 , 43 L.Ed.2d 570 (1975); People v. Disbrow, 16 Cal.3d 101 , 127 Cal.Rptr. 360 , 545 P.2d 272 (1976); State v. Santiago, 53 Haw. 254 , 492 P.2d 657 (1971); Commonwealth v. Triplett, 462 Pa. 244 , 341 A.2d 62 (1975).

1984See, e.g., Oregon v. Hass, 420 U.S. 714 , 95 S.Ct. 1215 , 43 L.Ed.2d 570 (1975); People v. Disbrow, 16 Cal.3d 101 , 127 Cal.Rptr. 360 , 545 P.2d 272 (1976); State v. Santiago, 53 Haw. 254 , 492 P.2d 657 (1971); Commonwealth v. Triplett, 462 Pa. 244 , 341 A.2d 62 (1975).

1984See, e.g., Oregon v. Hass, 420 U.S. 714 , 95 S.Ct. 1215 , 43 L.Ed.2d 570 (1975); People v. Disbrow, 16 Cal.3d 101 , 127 Cal.Rptr. 360 , 545 P.2d 272 (1976); State v. Santiago, 53 Haw. 254 , 492 P.2d 657 (1971); Commonwealth v. Triplett, 462 Pa. 244 , 341 A.2d 62 (1975).

1984See, e.g., Oregon v. Hass, 420 U.S. 714 , 95 S.Ct. 1215 , 43 L.Ed.2d 570 (1975); People v. Disbrow, 16 Cal.3d 101 , 127 Cal.Rptr. 360 , 545 P.2d 272 (1976); State v. Santiago, 53 Haw. 254 , 492 P.2d 657 (1971); Commonwealth v. Triplett, 462 Pa. 244 , 341 A.2d 62 (1975).

1984See, e.g., Oregon v. Hass, 420 U.S. 714 , 95 S.Ct. 1215 , 43 L.Ed.2d 570 (1975); People v. Disbrow, 16 Cal.3d 101 , 127 Cal.Rptr. 360 , 545 P.2d 272 (1976); State v. Santiago, 53 Haw. 254 , 492 P.2d 657 (1971); Commonwealth v. Triplett, 462 Pa. 244 , 341 A.2d 62 (1975).

1983The appellee relies essentially upon the concurring opinion of Justice Raper in Department of Revenue and Taxation, Motor Vehicle Division v. Shipley, Wyo., 579 P.2d 415 (1978).

1983The appellee relies essentially upon the concurring opinion of Justice Raper in Department of Revenue and Taxation, Motor Vehicle Division v. Shipley, Wyo., 579 P.2d 415 (1978).

1992The district court was flirting with an extension of the doctrine of Yates v. State, 792 P.2d 187 (1990), leading to a conclusion that no legal sentence was imposed in the first instance, and it now is too late to resentence.

1992The district court was flirting with an extension of the doctrine of Yates v. State, 792 P.2d 187 (1990), leading to a conclusion that no legal sentence was imposed in the first instance, and it now is too late to resentence.

1991Under the scheduling processes in this case with time from notice to hearing of less than a month, either the contestant is entitled to a reasonable opportunity for discovery and defense or, if actually surprised by the testimony provided at the scheduled hearing, to be granted the right to an extension of the hearing, id., or a rehearing in order to have received a realistic opportunity to competently litigate its contention.

1985While, in the light of the language of Doyle v. Ohio, [ 426 U.S. 610 , 96 S.Ct. 2240 , 49 L.Ed.2d 91 (1976)], this may represent an extension of the rule of that case, it is our prerogative to so do in applying our state constitution. * * *" Clenin v. State, supra, 573 P.2d at 846 .

1985While, in the light of the language of Doyle v. Ohio, [ 426 U.S. 610 , 96 S.Ct. 2240 , 49 L.Ed.2d 91 (1976)], this may represent an extension of the rule of that case, it is our prerogative to so do in applying our state constitution. * * *" Clenin v. State, supra, 573 P.2d at 846 .

1982In Wyoming the extension of immunity to a fellow employee followed upon the decision of this court in Markle v. Williamson, supra. As the majority opinion outlines, the progression then was from gross negligence to culpable negligence as an exception to the immunity.

1982In Wyoming *1239 the extension of immunity to a fellow employee followed upon the decision of this court in Markle v. Williamson, supra. As the majority opinion outlines, the progression then was from gross negligence to culpable negligence as an exception to the immunity.

1982As we shall explain later, we hold that this prejudicial per se rule was erroneously adopted. *1274 This court has most recently considered the application of the Doyle rule in Parkhurst v. State, Wyo., 628 P.2d 1369 (1981), cert. denied ___ U.S. ___, 102 S.Ct. 402 , 70 L.Ed.2d 216 (1981).

1982A similar history is reflected in the State of California in the case of Saala v. McFarland, 63 Cal.2d 124 , 45 Cal.Rptr. 144 , 403 P.2d 400 (1965).

1982A similar history is reflected in the State of California in the case of Saala v. McFarland, 63 Cal.2d 124 , 45 Cal.Rptr. 144 , 403 P.2d 400 (1965).

1982As we shall explain later, we hold that this prejudicial per se rule was erroneously adopted. *1274 This court has most recently considered the application of the Doyle rule in Parkhurst v. State, Wyo., 628 P.2d 1369 (1981), cert. denied ___ U.S. ___, 102 S.Ct. 402 , 70 L.Ed.2d 216 (1981).

1982As we shall explain later, we hold that this prejudicial per se rule was erroneously adopted. *1274 This court has most recently considered the application of the Doyle rule in Parkhurst v. State, Wyo., 628 P.2d 1369 (1981), cert. denied ___ U.S. ___, 102 S.Ct. 402 , 70 L.Ed.2d 216 (1981).