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9 Wyoming opinions name it 1 courts 1981–2008 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 |
|---|---|---|
Sanchez v. Stategreen2 sentences2008Id. at 690-91 , 104 S.Ct. at 2066 ; Sanchez v. State, 2002 WY 31, ¶¶ 11-16 , 41 P.3d 531, 534-35 (Wyo.2002). [¶39] In this case, defense counsel chose a strategy that included the admission that Eaton bore some responsibility for Ms. Kim-mell's homicide. 2008Id. at 690-91 , 104 S.Ct. at 2066 ; Sanchez v. State, 2002 WY 31, ¶¶ 11-16 , 41 P.3d 531, 534-35 (Wyo.2002). [¶39] In this case, defense counsel chose a strategy that included the admission that Eaton bore some responsibility for Ms. Kim-mell's homicide. | 1 | 1 |
Wheaton v. Stategreen2 sentences2005Wheaton v. State, 2003 WY 56, ¶ 20 , 68 P.3d 1167, ¶ 20 (Wyo.2003) (citing Holloman v. State, 2002 WY 117, ¶¶ 15-17 , 51 P.3d 214, ¶¶ 15-17 (Wyo.2002)); also see Chavez-Becerra v. State, 924 P.2d 63, 67-68 (Wyo.1996) (An obvious concept, such as simply that defendant is not guilty, cannot be elevated to a theory of defense and necessitate a special instruction.). [¶ 13] Burkhardt challenges the district court’s refusal to give what he identified as a theory of the case instruction. 2005Wheaton v. State, 2003 WY 56, ¶ 20 , 68 P.3d 1167, ¶ 20 (Wyo.2003) (citing Holloman v. State, 2002 WY 117, ¶¶ 15-17 , 51 P.3d 214, ¶¶ 15-17 (Wyo.2002)); also see Chavez-Becerra v. State, 924 P.2d 63, 67-68 (Wyo.1996) (An obvious concept, such as simply that defendant is not guilty, cannot be elevated to a theory of defense and necessitate a special instruction.). [¶ 13] Burkhardt challenges the district court’s refusal to give what he identified as a theory of the case instruction. | 1 | 1 |
Chavez-Becerra v. Stategreen1 sentence2005Wheaton v. State, 2003 WY 56, ¶ 20 , 68 P.3d 1167, ¶ 20 (Wyo.2003) (citing Holloman v. State, 2002 WY 117, ¶¶ 15-17 , 51 P.3d 214, ¶¶ 15-17 (Wyo.2002)); also see Chavez-Becerra v. State, 924 P.2d 63, 67-68 (Wyo.1996) (An obvious concept, such as simply that defendant is not guilty, cannot be elevated to a theory of defense and necessitate a special instruction.). [¶ 13] Burkhardt challenges the district court’s refusal to give what he identified as a theory of the case instruction. | 1 | 1 |
Holloman v. Stategreen2 sentences2005Wheaton v. State, 2003 WY 56, ¶ 20 , 68 P.3d 1167, ¶ 20 (Wyo.2003) (citing Holloman v. State, 2002 WY 117, ¶¶ 15-17 , 51 P.3d 214, ¶¶ 15-17 (Wyo.2002)); also see Chavez-Becerra v. State, 924 P.2d 63, 67-68 (Wyo.1996) (An obvious concept, such as simply that defendant is not guilty, cannot be elevated to a theory of defense and necessitate a special instruction.). [¶ 13] Burkhardt challenges the district court’s refusal to give what he identified as a theory of the case instruction. 2005Wheaton v. State, 2003 WY 56, ¶ 20 , 68 P.3d 1167, ¶ 20 (Wyo.2003) (citing Holloman v. State, 2002 WY 117, ¶¶ 15-17 , 51 P.3d 214, ¶¶ 15-17 (Wyo.2002)); also see Chavez-Becerra v. State, 924 P.2d 63, 67-68 (Wyo.1996) (An obvious concept, such as simply that defendant is not guilty, cannot be elevated to a theory of defense and necessitate a special instruction.). [¶ 13] Burkhardt challenges the district court’s refusal to give what he identified as a theory of the case instruction. | 1 | 1 |
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 |
Harris v. Stategreen1 sentence1998Harris v. State, 933 P.2d 1114, 1126 (Wyo.1997). | 1 | 1 |
Phillips v. Stategreen1 sentence1996Bouwkamp, 833 P.2d at 491 ; Phillips v. State, 760 P.2d 388, 390 (Wyo.1988). | 1 | 1 |
In the Matter of the Conviction of James J. Laughlin, James J. Laughlin v. United Statesgreen1 sentence1996We *68 agree with the view that, “[w]hat is required before the theory of the case rule comes into play is a more involved theory involving ‘law’ or fact, or both, that is not so obvious to any jury.” Laughlin v. United States, 474 F.2d 444, 455 (D.C.Cir.1972), cert. denied, 412 U.S. 941 , 93 S.Ct. 2784 , 37 L.Ed.2d 402 (1973) (rejecting an instruction that if the jury believes defense testimony denying guilt, it should acquit). | 1 | 1 |
Griego v. Stategreen2 sentences1993Compare Griego v. State, 761 P.2d 973 (Wyo.1988) (holding under the facts of that case, since the element which distinguished the two crimes, the age of the victim, was not disputed at trial, it was proper for the trial court to refuse to give the jury instruction on the lesser included offense of fourth degree sexual assault), and Warren v. State, 835 P.2d 304 (Wyo. 1992) (holding under the facts of that case, since no evidence was offered to prove that a shoe was not a deadly weapon, it was proper for the trial court to refuse to offer a lesser included offense instruction, a theory of the c 1993Compare Griego v. State, 761 P.2d 973 (Wyo.1988) (holding under the facts of that case, since the element which distinguished the two crimes, the age of the victim, was not disputed at trial, it was proper for the trial court to refuse to give the jury instruction on the lesser included offense of fourth degree sexual assault), and Warren v. State, 835 P.2d 304 (Wyo.1992) (holding under the facts of that case, since no evidence was offered to prove that a shoe was not a deadly weapon, it was proper for the trial court to refuse to offer a lesser included offense instruction, a theory of the ca | 1 | 1 |
Warren v. Stategreen2 sentences1993Compare Griego v. State, 761 P.2d 973 (Wyo.1988) (holding under the facts of that case, since the element which distinguished the two crimes, the age of the victim, was not disputed at trial, it was proper for the trial court to refuse to give the jury instruction on the lesser included offense of fourth degree sexual assault), and Warren v. State, 835 P.2d 304 (Wyo. 1992) (holding under the facts of that case, since no evidence was offered to prove that a shoe was not a deadly weapon, it was proper for the trial court to refuse to offer a lesser included offense instruction, a theory of the c 1993Compare Griego v. State, 761 P.2d 973 (Wyo.1988) (holding under the facts of that case, since the element which distinguished the two crimes, the age of the victim, was not disputed at trial, it was proper for the trial court to refuse to give the jury instruction on the lesser included offense of fourth degree sexual assault), and Warren v. State, 835 P.2d 304 (Wyo.1992) (holding under the facts of that case, since no evidence was offered to prove that a shoe was not a deadly weapon, it was proper for the trial court to refuse to offer a lesser included offense instruction, a theory of the ca | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Wyoming. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Strickland v. Washington
green
2 sentences2008We will include references to the American Bar Association Guidelines for the Appointment and Performance of Defense Counsel in Death Penalty Cases (February 2003) in our analysis of the ineffective assistance of counsel issues raised in this appeal because, while they do not set black-letter rules, they are guidelines of significance that we consider in our review of this case. (i) Did the theory-of-the-case defense chosen by defense counsel meet the ABA Guidelines for the Appointment and Performance of Defense Counsel in Death Penalty Cases (February 2003). [¶38] We approach the arguments, a 2008We will include references to the American Bar Association Guidelines for the Appointment and Performance of Defense Counsel in Death Penalty Cases (February 2003) in our analysis of the ineffective assistance of counsel issues raised in this appeal because, while they do not set black-letter rules, they are guidelines of significance that we consider in our review of this case. (i) Did the theory-of-the-case defense chosen by defense counsel meet the ABA Guidelines for the Appointment and Performance of Defense Counsel in Death Penalty Cases (February 2003). [¶38] We approach the arguments, a | 1 | 2008–2008 |
Bouwkamp v. State
green
1 sentence1996Bouwkamp, 833 P.2d at 491 ; Phillips v. State, 760 P.2d 388, 390 (Wyo.1988). | 1 | 1996–1996 |
Laughlin v. United States
green
1 sentence1996We *68 agree with the view that, “[w]hat is required before the theory of the case rule comes into play is a more involved theory involving ‘law’ or fact, or both, that is not so obvious to any jury.” Laughlin v. United States, 474 F.2d 444, 455 (D.C.Cir.1972), cert. denied, 412 U.S. 941 , 93 S.Ct. 2784 , 37 L.Ed.2d 402 (1973) (rejecting an instruction that if the jury believes defense testimony denying guilt, it should acquit). | 1 | 1996–1996 |
Lavan v. United States
green
1 sentence1996We *68 agree with the view that, “[w]hat is required before the theory of the case rule comes into play is a more involved theory involving ‘law’ or fact, or both, that is not so obvious to any jury.” Laughlin v. United States, 474 F.2d 444, 455 (D.C.Cir.1972), cert. denied, 412 U.S. 941 , 93 S.Ct. 2784 , 37 L.Ed.2d 402 (1973) (rejecting an instruction that if the jury believes defense testimony denying guilt, it should acquit). | 1 | 1996–1996 |
Pfingst v. United States
green
1 sentence1996We *68 agree with the view that, “[w]hat is required before the theory of the case rule comes into play is a more involved theory involving ‘law’ or fact, or both, that is not so obvious to any jury.” Laughlin v. United States, 474 F.2d 444, 455 (D.C.Cir.1972), cert. denied, 412 U.S. 941 , 93 S.Ct. 2784 , 37 L.Ed.2d 402 (1973) (rejecting an instruction that if the jury believes defense testimony denying guilt, it should acquit). | 1 | 1996–1996 |
Amin v. State
green
2 sentences1992Amin v. State, 695 P.2d 1021 (Wyo.1985); Jones v. State, 580 P.2d 1150 (Wyo.1978). 1992Amin v. State, 695 P.2d 1021 (Wyo.1985); Jones v. State, 580 P.2d 1150 (Wyo.1978). | 1 | 1992–1992 |
Jones v. State
green
2 sentences1992Amin v. State, 695 P.2d 1021 (Wyo.1985); Jones v. State, 580 P.2d 1150 (Wyo.1978). 1992Amin v. State, 695 P.2d 1021 (Wyo.1985); Jones v. State, 580 P.2d 1150 (Wyo.1978). | 1 | 1992–1992 |
State v. Jeffries
green
2 sentences1992Relying upon State v. Jeffries, 430 N.W.2d 728 (Iowa 1988), Warren urges us to develop a new construct for considering the propriety of lesser included offense instructions. 1992Relying upon State v. Jeffries, 430 N.W.2d 728 (Iowa 1988), Warren urges us to develop a new construct for considering the propriety of lesser included offense instructions. | 1 | 1992–1992 |
Barber v. Sheridan Trust & Savings Bank
green
2 sentences1991Although the second reason, refusal to give a theory of the case instruction, is troubling and, in my opinion, clearly wrong, Barber v. Sheridan Trust & Savings Bank, 53 Wyo. 65 , 78 P.2d 1101 (1938), the first reason, a procedural due process denial, is of greater concern. 1991Although the second reason, refusal to give a theory of the case instruction, is troubling and, in my opinion, clearly wrong, Barber v. Sheridan Trust & Savings Bank, 53 Wyo. 65 , 78 P.2d 1101 (1938), the first reason, a procedural due process denial, is of greater concern. | 1 | 1991–1991 |
Goodman v. State
green
2 sentences1981We therefore reaffirmed that the giving of a theory-of-the-case instruction is a fair trial due-process requirement, 2 and that the instruction must be such as would properly apprise the jury of the defendant’s theory. 573 P.2d at 408 . 1981It is the rule under Goodman that if offered instructions are not given, then the trial court must give a theory-of-the-case instruction if the evidence supports it. 573 P.2d at 408 . | 1 | 1981–1981 |
Benson v. State
green
2 sentences1981The exception to that proposition is Benson v. State, Wyo., 571 P.2d 595 (1977). 1981The exception to that proposition is Benson v. State, Wyo., 571 P.2d 595 (1977). | 1 | 1981–1981 |
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.