clear and obvious violation in Wyoming

7 Wyoming opinions name it 1 courts 1989–2021 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.

Followed or applied (8)

Case	Followed	Cited
Steven W. Vaught v. Stategreen wyo · 2016 · cited in 4 Wyoming opinions naming this issue, 2016–2019 2 sentences 2019In order to prevail under the plain error standard, Mr. Hopkins must show the record reflects "that a clear and obvious violation of a clear and unequivocal rule of law adversely affected a substantial right to such a degree that he was materially prejudiced." Id. (citing Vaught , ¶ 14, 366 P.3d at 516 (footnote omitted)). 2017To establish plain error, an appellant “must establish by reference to the record that a clear and obvious violation of a clear and unequivocal rule of law adversely affected a substantial right to such a degree that [the appellant] was materially prejudiced.” Vaught v. State, 2016 WY 7, ¶ 14 , 366 P.3d 512, 516 (Wyo. 2016); see also Butler v. State, 2015 WY 119, ¶ 16 , 358 P.3d 1259, 1264 (Wyo. 2015). [¶27] Ms. McEuen has not identified any obvious transgression of any clear and unequivocal rale of law.	4	4
John Wayne Butler v. Stategreen wyo · 2015 · cited in 3 Wyoming opinions naming this issue, 2016–2017 2 sentences 2017To establish plain error, an appellant “must establish by reference to the record that a clear and obvious violation of a clear and unequivocal rule of law adversely affected a substantial right to such a degree that [the appellant] was materially prejudiced.” Vaught v. State, 2016 WY 7, ¶ 14 , 366 P.3d 512, 516 (Wyo. 2016); see also Butler v. State, 2015 WY 119, ¶ 16 , 358 P.3d 1259, 1264 (Wyo. 2015). [¶27] Ms. McEuen has not identified any obvious transgression of any clear and unequivocal rale of law. 2017To establish plain error, an appellant “must establish by reference to the record that a clear and obvious violation of a clear and unequivocal rule of law adversely affected a substantial right to such a degree that [the appellant] was materially prejudiced.” Vaught v. State, 2016 WY 7, ¶ 14 , 366 P.3d 512, 516 (Wyo. 2016); see also Butler v. State, 2015 WY 119, ¶ 16 , 358 P.3d 1259, 1264 (Wyo. 2015). [¶27] Ms. McEuen has not identified any obvious transgression of any clear and unequivocal rale of law.	3	3
Hathaway v. Stategreen wyo · 2017 · cited in 1 Wyoming opinions naming this issue, 2021–2021 2 sentences 2021Brown v. State, 2019 WY 102, ¶ 13 , 450 P.3d 208, 211 (Wyo. 2019); Hathaway v. State, 2017 WY 92, ¶ 29 , 399 P.3d 625, 634 (Wyo. 2017); Griggs, ¶ 81, 367 P.3d at 1132-33 . [¶11] The admission of TM’s recorded interview is clearly reflected in the record, satisfying the first element of the plain error test. 2021Brown v. State, 2019 WY 102, ¶ 13 , 450 P.3d 208, 211 (Wyo. 2019); Hathaway v. State, 2017 WY 92, ¶ 29 , 399 P.3d 625, 634 (Wyo. 2017); Griggs, ¶ 81, 367 P.3d at 1132-33 . [¶11] The admission of TM’s recorded interview is clearly reflected in the record, satisfying the first element of the plain error test.	1	1
Raymond Martin Brown v. The State of Wyominggreen wyo · 2019 · cited in 1 Wyoming opinions naming this issue, 2021–2021 2 sentences 2021Brown v. State, 2019 WY 102, ¶ 13 , 450 P.3d 208, 211 (Wyo. 2019); Hathaway v. State, 2017 WY 92, ¶ 29 , 399 P.3d 625, 634 (Wyo. 2017); Griggs, ¶ 81, 367 P.3d at 1132-33 . [¶11] The admission of TM’s recorded interview is clearly reflected in the record, satisfying the first element of the plain error test. 2021Brown v. State, 2019 WY 102, ¶ 13 , 450 P.3d 208, 211 (Wyo. 2019); Hathaway v. State, 2017 WY 92, ¶ 29 , 399 P.3d 625, 634 (Wyo. 2017); Griggs, ¶ 81, 367 P.3d at 1132-33 . [¶11] The admission of TM’s recorded interview is clearly reflected in the record, satisfying the first element of the plain error test.	1	1
Seward v. Stategreen wyo · 2003 · cited in 1 Wyoming opinions naming this issue, 2021–2021 2 sentences 2021In Seward v. State, 2003 WY 116, ¶ 16 , 76 P.3d 805, 811-12 (Wyo. 2003), we cautioned trial courts against allowing the State to use Rule 801(d)(1)(B) to pile on consistent statements, bolstering the victim’s testimony. 2021In Seward v. State, 2003 WY 116, ¶ 16 , 76 P.3d 805, 811-12 (Wyo. 2003), we cautioned trial courts against allowing the State to use Rule 801(d)(1)(B) to pile on consistent statements, bolstering the victim’s testimony.	1	1
Punches v. Stategreen wyo · 1997 · cited in 1 Wyoming opinions naming this issue, 2018–2018 1 sentence 2018See also Punches v. State , 944 P.2d 1131 , 1135-36 (Wyo. 1997) (finding that testimony stating physical injuries were "corroborative of sexual abuse" was helpful to the jury and did not directly express an opinion that the defendant was guilty of sexual abuse); State v. Smallwood , 264 Kan. 69 , 955 P.2d 1209 , 1220-21 (1998) (holding that forensic pathologist testimony that the victim died of child abuse did not invade the province of the jury because she was not testifying as to the defendant's guilt or innocence); State v. Smith , 877 So.2d 1123 , 1133 (La.	1	1
Schwenke v. Stategreen wyo · 1989 · cited in 1 Wyoming opinions naming this issue, 1989–1989 2 sentences 1989Finally, that violation must have adversely affected some substantial right of appellant." Schwenke v. State, 768 P.2d 1031, 1034 (Wyo. 1989); see also Britt v. State, 752 P.2d 426, 428 (Wyo. 1988). 1989Finally, that violation must have adversely affected some substantial right of appellant.” Schwenke v. State, 768 P.2d 1031, 1034 (Wyo.1989); see also Britt v. State, 752 P.2d 426, 428 (Wyo.1988).	1	1
Britt v. Stategreen wyo · 1988 · cited in 1 Wyoming opinions naming this issue, 1989–1989 2 sentences 1989Finally, that violation must have adversely affected some substantial right of appellant." Schwenke v. State, 768 P.2d 1031, 1034 (Wyo. 1989); see also Britt v. State, 752 P.2d 426, 428 (Wyo. 1988). 1989Finally, that violation must have adversely affected some substantial right of appellant.” Schwenke v. State, 768 P.2d 1031, 1034 (Wyo.1989); see also Britt v. State, 752 P.2d 426, 428 (Wyo.1988).	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 (4)

Case	Cited	Years
Byron Nelson Griggs v. State green wyo · 2016 1 sentence 2021Brown v. State, 2019 WY 102, ¶ 13 , 450 P.3d 208, 211 (Wyo. 2019); Hathaway v. State, 2017 WY 92, ¶ 29 , 399 P.3d 625, 634 (Wyo. 2017); Griggs, ¶ 81, 367 P.3d at 1132-33 . [¶11] The admission of TM’s recorded interview is clearly reflected in the record, satisfying the first element of the plain error test.	1	2021–2021
Cody J. Tingey v. State green wyo · 2017 1 sentence 2019In order to prevail under the plain error standard, Mr. Hopkins must show the record reflects "that a clear and obvious violation of a clear and unequivocal rule of law adversely affected a substantial right to such a degree that he was materially prejudiced." Id. (citing Vaught , ¶ 14, 366 P.3d at 516 (footnote omitted)).	1	2019–2019
State v. Smallwood green kan · 1998 2 sentences 2018See also Punches v. State , 944 P.2d 1131 , 1135-36 (Wyo. 1997) (finding that testimony stating physical injuries were "corroborative of sexual abuse" was helpful to the jury and did not directly express an opinion that the defendant was guilty of sexual abuse); State v. Smallwood , 264 Kan. 69 , 955 P.2d 1209 , 1220-21 (1998) (holding that forensic pathologist testimony that the victim died of child abuse did not invade the province of the jury because she was not testifying as to the defendant's guilt or innocence); State v. Smith , 877 So.2d 1123 , 1133 (La. 2018See also Punches v. State , 944 P.2d 1131 , 1135-36 (Wyo. 1997) (finding that testimony stating physical injuries were "corroborative of sexual abuse" was helpful to the jury and did not directly express an opinion that the defendant was guilty of sexual abuse); State v. Smallwood , 264 Kan. 69 , 955 P.2d 1209 , 1220-21 (1998) (holding that forensic pathologist testimony that the victim died of child abuse did not invade the province of the jury because she was not testifying as to the defendant's guilt or innocence); State v. Smith , 877 So.2d 1123 , 1133 (La.	1	2018–2018
State v. Smith green lactapp · 2004 1 sentence 2018See also Punches v. State , 944 P.2d 1131 , 1135-36 (Wyo. 1997) (finding that testimony stating physical injuries were "corroborative of sexual abuse" was helpful to the jury and did not directly express an opinion that the defendant was guilty of sexual abuse); State v. Smallwood , 264 Kan. 69 , 955 P.2d 1209 , 1220-21 (1998) (holding that forensic pathologist testimony that the victim died of child abuse did not invade the province of the jury because she was not testifying as to the defendant's guilt or innocence); State v. Smith , 877 So.2d 1123 , 1133 (La.	1	2018–2018

Where else courts name it

IL 305 (2007–2026) GA 43 (2019–2026) MI 9 (2017–2026) WY 7 (1989–2021) CT 4 (2006–2022) TX 4 (2010–2011) OH 2 (1990–2025)

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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