remand hearing in Wyoming

8 Wyoming opinions name it 1 courts 1989–2016 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.

Followed or applied (4)

Case	Followed	Cited
Osborne v. Stategreen wyo · 2012 · cited in 1 Wyoming opinions naming this issue, 2016–2016 2 sentences 2016See also Osborne, 2012 WY 123 , 285 P.3d 248 (Wyo.2012) (defense counsel was not ineffective for failing to call an expert to testify at trial even though one was available who would testify consistent with defendant's voluntary intoxication defense because other facts of the case demonstrated the defendant was able to act lucidly despite his ingestion of intoxicating substances). [142] Much of the remand hearing evidence and Mr. Griggs'® argument on appeal center on the problems his trial counsel may have had with obtaining funding through the State Public Defender's Office for his expert wit 2016See also Osborne, 2012 WY 123 , 285 P.3d 248 (Wyo.2012) (defense counsel was not ineffective for failing to call an expert to testify at trial even though one was available who would testify consistent with defendant's voluntary intoxication defense because other facts of the case demonstrated the defendant was able to act lucidly despite his ingestion of intoxicating substances). [142] Much of the remand hearing evidence and Mr. Griggs'® argument on appeal center on the problems his trial counsel may have had with obtaining funding through the State Public Defender's Office for his expert wit	1	1
McLaughlin v. Stategreen wyo · 1989 · cited in 1 Wyoming opinions naming this issue, 2008–2008 1 sentence 2008In McLaughlin v. State, 780 P.2d 964, 969 (Wyo.1989), we held that a prosecutor's remarks about the appellant's expert witness, which the appellant claimed was an expression of the prosecutor's opinion that the expert witness was a "professional witness," was not misconduct.	1	1
Barker v. Stategreen wyo · 2005 · cited in 1 Wyoming opinions naming this issue, 2006–2006 2 sentences 2006Back in this Court after the remand, we concluded the district court “unduly limited the evidence Barker was allowed to present at the remand hearing.” Barker v. State, 2005 WY 20, ¶ 1 , 106 P.3d 297, 298 (Wyo.2005). 2006Back in this Court after the remand, we concluded the district court “unduly limited the evidence Barker was allowed to present at the remand hearing.” Barker v. State, 2005 WY 20, ¶ 1 , 106 P.3d 297, 298 (Wyo.2005).	1	1
Campbell v. Stategreen wyo · 2000 · cited in 1 Wyoming opinions naming this issue, 2002–2002 1 sentence 2002Campbell v. State, 999 P.2d 649, 661-62 (Wyo.2000). [¶ 47] The remand hearing became what was, in effect, a credibility contest between Gleason and his former attorney.	1	1

Distinguished, questioned or overruled (0)

Case	Negative	Cited
No negative-treatment citations attached to this issue in Wyoming. Read the followed side critically anyway.

Also cited on this issue (17)

Case	Cited	Years
Dobbs v. Zant green scotus · 1993 2 sentences 2008Stat. Ann. § 6-2-108 (LexisNexis 2007); and see Dobbs v. Zant, 506 U.S. 357 , 113 S.Ct. 835 , 122 L.Ed.2d 103 (1993). (ii) Remand hearing too limited. [¶217] Eaton contends that the district court unnecessarily restricted the remand hearing. 2008Stat. Ann. § 6-2-108 (LexisNexis 2007); and see Dobbs v. Zant, 506 U.S. 357 , 113 S.Ct. 835 , 122 L.Ed.2d 103 (1993). (ii) Remand hearing too limited. [¶217] Eaton contends that the district court unnecessarily restricted the remand hearing.	1	2008–2008
Allen v. State green wyo · 2002 1 sentence 2007Allen v. State, 2002 WY 48 , T 35, 48 P.3d 551 , 564 (Wy0.2002). [126] After the remand hearing the district court found that Strandlien's accident reconstruction expert had determined that: a. the collision would have happened whether Mr. Strandlien was drinking or not because there was not enough time to respond to the event of Mrs. Terrell's van making a left handed turn while Mr. Strandlien was in the passing lane; b. the state failed to properly investigate the accident; *994 c. the point of impact as reported and testified to by the state investigators appeared to be wrong; d.	1	2007–2007
Daniel v. State green wyo · 2003 1 sentence 2004Id. at 24. [133] In Daniel, 2008 WY 132 , 78 P.3d 205 (Wyo.2008), published October 28, 2003, the remand hearing established that the accused was shackled during his trial without the benefit of a pretrial hearing for the prosecution to establish justification for shackling; thus, the trial court abused its discretion in allowing shackling.	1	2004–2004
Three Way, Inc. v. Burton Enterprises, Inc. green wyo · 2008 1 sentence 2004In Asch, 2008 WY 18 , 62 P.3d 945 (Wyo.2008), published February 6, 2003, the remand hearing established that only one juror observed the accused in leg restraints during a one-day trial.	1	2004–2004
Asch v. State green wyo · 2003 1 sentence 2004In Asch, 2008 WY 18 , 62 P.3d 945 (Wyo.2008), published February 6, 2003, the remand hearing established that only one juror observed the accused in leg restraints during a one-day trial.	1	2004–2004
Strange v. State green wyo · 2008 1 sentence 2004Id. at 24. [133] In Daniel, 2008 WY 132 , 78 P.3d 205 (Wyo.2008), published October 28, 2003, the remand hearing established that the accused was shackled during his trial without the benefit of a pretrial hearing for the prosecution to establish justification for shackling; thus, the trial court abused its discretion in allowing shackling.	1	2004–2004
Napue v. Illinois green scotus · 1959 2 sentences 1991The prosecutorial hiding of the criminal record of a principal witness also invoked reversal in Moore v. Kemp, 809 F.2d 702 (11th Cir.), cert. denied 481 U.S. 1054 , 107 S.Ct. 2192 , 95 L.Ed.2d 847 (1987) where the court cited in addition to Brady, Giglio v. United States, 405 U.S. 150 , 92 S.Ct. 763 , 31 L.Ed.2d 104 (1972) and Napue v. People of the State of Illinois, 360 U.S. 264 , 79 S.Ct. 1173 , 3 L.Ed.2d 1217 (1959). 150 For recognition of the remand requirement to "establish the trial facts," see Haber v. Wainwright, 756 F.2d 1520 (11th Cir.1985). 1991The prosecutorial hiding of the criminal record of a principal witness also invoked reversal in Moore v. Kemp, 809 F.2d 702 (11th Cir.), cert. denied 481 U.S. 1054 , 107 S.Ct. 2192 , 95 L.Ed.2d 847 (1987) where the court cited in addition to Brady, Giglio v. United States, 405 U.S. 150 , 92 S.Ct. 763 , 31 L.Ed.2d 104 (1972) and Napue v. People of the State of Illinois, 360 U.S. 264 , 79 S.Ct. 1173 , 3 L.Ed.2d 1217 (1959). 150 For recognition of the remand requirement to "establish the trial facts," see Haber v. Wainwright, 756 F.2d 1520 (11th Cir.1985).	1	1991–1991
Betty Lou Haber v. Louie L. Wainwright green ca11 · 1985 2 sentences 1991For recognition of the remand requirement to “establish the trial facts,” see Haber v. Wainwright, 756 F.2d 1520 (11th Cir.1985). 1991The prosecutorial hiding of the criminal record of a principal witness also invoked reversal in Moore v. Kemp, 809 F.2d 702 (11th Cir.), cert. denied 481 U.S. 1054 , 107 S.Ct. 2192 , 95 L.Ed.2d 847 (1987) where the court cited in addition to Brady, Giglio v. United States, 405 U.S. 150 , 92 S.Ct. 763 , 31 L.Ed.2d 104 (1972) and Napue v. People of the State of Illinois, 360 U.S. 264 , 79 S.Ct. 1173 , 3 L.Ed.2d 1217 (1959). *150 For recognition of the remand requirement to "establish the trial facts," see Haber v. Wainwright, 756 F.2d 1520 (11th Cir.1985).	1	1991–1991
Carzell Moore v. Ralph Kemp, Warden, Georgia Diagnostic and Classification Center, Respondent green ca11 · 1987 1 sentence 1991The prosecutorial hiding of the criminal record of a principal witness also invoked reversal in Moore v. Kemp, 809 F.2d 702 (11th Cir.), cert. denied 481 U.S. 1054 , 107 S.Ct. 2192 , 95 L.Ed.2d 847 (1987) where the court cited in addition to Brady, Giglio v. United States, 405 U.S. 150 , 92 S.Ct. 763 , 31 L.Ed.2d 104 (1972) and Napue v. People of the State of Illinois, 360 U.S. 264 , 79 S.Ct. 1173 , 3 L.Ed.2d 1217 (1959). *150 For recognition of the remand requirement to "establish the trial facts," see Haber v. Wainwright, 756 F.2d 1520 (11th Cir.1985).	1	1991–1991
Gerald Eugene Stano v. Richard L. Dugger, Robert A. Butterworth green ca11 · 1990 2 sentences 1991The right to a hearing to determine facts is similarly recognized in Stano v. Dugger, 901 F.2d 898 (11th Cir.1990). 1991The right to a hearing to determine facts is similarly recognized in Stano v. Dugger, 901 F.2d 898 (11th Cir.1990).	1	1991–1991
Charles Troy Coleman v. James L. Saffle, Warden, Oklahoma State Penitentiary, McAlester Oklahoma green ca10 · 1990 2 sentences 1991In Coleman v. Saffle, 912 F.2d 1217 (10th Cir.), cert. denied — U.S.—, 111 S.Ct. 22 , 111 L.Ed.2d 834 (1990), the court held that withheld information must be considered in the context of the whole picture. 1991In Coleman v. Saffle, 912 F.2d 1217 (10th Cir.), cert. denied ___ U.S. ___, 111 S.Ct. 22 , 111 L.Ed.2d 834 (1990), the court held that withheld information must be considered in the context of the whole picture.	1	1991–1991
Giglio v. United States green scotus · 1972 2 sentences 1991The prosecutorial hiding of the criminal record of a principal witness also invoked reversal in Moore v. Kemp, 809 F.2d 702 (11th Cir.), cert. denied 481 U.S. 1054 , 107 S.Ct. 2192 , 95 L.Ed.2d 847 (1987) where the court cited in addition to Brady, Giglio v. United States, 405 U.S. 150 , 92 S.Ct. 763 , 31 L.Ed.2d 104 (1972) and Napue v. People of the State of Illinois, 360 U.S. 264 , 79 S.Ct. 1173 , 3 L.Ed.2d 1217 (1959). 150 For recognition of the remand requirement to "establish the trial facts," see Haber v. Wainwright, 756 F.2d 1520 (11th Cir.1985). 1991The prosecutorial hiding of the criminal record of a principal witness also invoked reversal in Moore v. Kemp, 809 F.2d 702 (11th Cir.), cert. denied 481 U.S. 1054 , 107 S.Ct. 2192 , 95 L.Ed.2d 847 (1987) where the court cited in addition to Brady, Giglio v. United States, 405 U.S. 150 , 92 S.Ct. 763 , 31 L.Ed.2d 104 (1972) and Napue v. People of the State of Illinois, 360 U.S. 264 , 79 S.Ct. 1173 , 3 L.Ed.2d 1217 (1959). 150 For recognition of the remand requirement to "establish the trial facts," see Haber v. Wainwright, 756 F.2d 1520 (11th Cir.1985).	1	1991–1991
Hamblen v. Dugger green scotus · 1990 2 sentences 1991In Coleman v. Saffle, 912 F.2d 1217 (10th Cir.), cert. denied — U.S.—, 111 S.Ct. 22 , 111 L.Ed.2d 834 (1990), the court held that withheld information must be considered in the context of the whole picture. 1991In Coleman v. Saffle, 912 F.2d 1217 (10th Cir.), cert. denied ___ U.S. ___, 111 S.Ct. 22 , 111 L.Ed.2d 834 (1990), the court held that withheld information must be considered in the context of the whole picture.	1	1991–1991
Green v. Department of the Treasury green scotus · 1987 1 sentence 1991The prosecutorial hiding of the criminal record of a principal witness also invoked reversal in Moore v. Kemp, 809 F.2d 702 (11th Cir.), cert. denied 481 U.S. 1054 , 107 S.Ct. 2192 , 95 L.Ed.2d 847 (1987) where the court cited in addition to Brady, Giglio v. United States, 405 U.S. 150 , 92 S.Ct. 763 , 31 L.Ed.2d 104 (1972) and Napue v. People of the State of Illinois, 360 U.S. 264 , 79 S.Ct. 1173 , 3 L.Ed.2d 1217 (1959). *150 For recognition of the remand requirement to "establish the trial facts," see Haber v. Wainwright, 756 F.2d 1520 (11th Cir.1985).	1	1991–1991
Coulias v. City of Chicago Department of Water green scotus · 1987 1 sentence 1991The prosecutorial hiding of the criminal record of a principal witness also invoked reversal in Moore v. Kemp, 809 F.2d 702 (11th Cir.), cert. denied 481 U.S. 1054 , 107 S.Ct. 2192 , 95 L.Ed.2d 847 (1987) where the court cited in addition to Brady, Giglio v. United States, 405 U.S. 150 , 92 S.Ct. 763 , 31 L.Ed.2d 104 (1972) and Napue v. People of the State of Illinois, 360 U.S. 264 , 79 S.Ct. 1173 , 3 L.Ed.2d 1217 (1959). *150 For recognition of the remand requirement to "establish the trial facts," see Haber v. Wainwright, 756 F.2d 1520 (11th Cir.1985).	1	1991–1991
People v. Ginther green mich · 1973 2 sentences 1989People v. Ginther, 390 Mich. 436 , 212 N.W.2d 922 (1973); People v. Dalessandro, 165 Mich.App. 569 , 419 N.W.2d 609 , appeal denied 430 Mich. 880 , 423 N.W.2d 573 (1988). 1989People v. Ginther, 390 Mich. 436 , 212 N.W.2d 922 (1973); People v. Dalessandro, 165 Mich.App. 569 , 419 N.W.2d 609 , appeal denied 430 Mich. 880 , 423 N.W.2d 573 (1988).	1	1989–1989
People v. Dalessandro green michctapp · 1988 2 sentences 1989People v. Ginther, 390 Mich. 436 , 212 N.W.2d 922 (1973); People v. Dalessandro, 165 Mich.App. 569 , 419 N.W.2d 609 , appeal denied 430 Mich. 880 , 423 N.W.2d 573 (1988). 1989People v. Ginther, 390 Mich. 436 , 212 N.W.2d 922 (1973); People v. Dalessandro, 165 Mich.App. 569 , 419 N.W.2d 609 , appeal denied 430 Mich. 880 , 423 N.W.2d 573 (1988).	1	1989–1989

Statutes the citing opinions construe

WY § Wyo. Stat. § 6-2-101 (3)

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.

Where else courts name it

PA 111 (1956–2026) NJ 77 (1965–2026) IL 54 (1973–2026) UT 48 (2001–2026) CA 47 (1985–2025) MI 36 (1971–2026) CT 33 (1982–2022) GA 21 (1988–2023) DC 19 (1986–2023) OH 19 (1984–2024) IA 18 (1971–2025) CO 18 (1990–2026) TX 16 (1935–2026) WA 16 (1970–2023) OR 14 (1972–2024) NY 14 (1978–2025) LA 13 (1987–2014) AL 10 (1980–2024) MD 10 (1968–2019) MO 10 (1981–2024) KS 10 (1978–2021) MN 9 (1988–2018) FL 9 (1983–2023) DE 8 (1996–2023) MS 8 (2003–2023) TN 8 (1998–2024) WY 8 (1989–2016) MA 8 (1984–2026) NC 7 (2012–2022) WI 7 (1984–2025) VA 6 (2002–2023) IN 6 (1981–2018) ND 6 (2001–2015) RI 4 (1979–2009) SD 4 (2002–2014) WV 4 (1981–1997) ID 3 (1983–2015) NM 3 (1998–2013) AK 3 (1978–2012) SC 3 (2000–2019) KY 3 (1977–2013) AZ 3 (1971–2025) HI 2 (2000–2005) VI 2 (2010–2016) VT 2 (2012–2016) ME 2 (2000–2006)

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.

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