clear-cut rule (Wyoming) · Go Syfert
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clear-cut rule in Wyoming

7 Wyoming opinions name it 1 courts 2010–2020 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)

CaseFollowedCited
Causey v. Stategreen
wyo · 2009 · cited in 5 Wyoming opinions naming this issue, 2016–2020
2 sentences

2020Causey v. State, 2009 WY 111, ¶¶ 14, 20 , 215 P.3d 287, 292-94 (Wyo. 2009) (concluding the defendant failed to show the district court’s failure to instruct the jury on the legal definition of provocation to be “an obvious transgression of any clear and unequivocal rule of law” because he failed to cite “any Wyoming case establishing a clear-cut rule of law that the jury must be instructed on a specialized legal definition of provocation”). [¶29] The prosecutor’s comments were also not prejudicial.

2020See also, Causey, ¶¶ 14, 20, 215 P.3d at 292-94 (concluding the defendant failed to show the district court’s failure to instruct the jury on the legal definition of “provokes the conflict” to be “an obvious transgression of any clear and unequivocal rule of law” because he failed to cite “any Wyoming case establishing a clear-cut rule of law that the jury must be instructed on a specialized legal definition of provocation.

55
Steven W. Vaught v. Stategreen
wyo · 2016 · cited in 2 Wyoming opinions naming this issue, 2017–2019
2 sentences

2019Wyoming law had a clear-cut requirement that juries be given the instruction he now champions." Tingey , ¶ 27, 387 P.3d at 1178 (quoting Vaught , ¶ 14, 366 P.3d at 516 (footnote omitted)).

2017In a later case, Vaught v. State, we stated that "to establish that failure to give [a jury] instruction violated a clear rule of law, [an appellant] must provide authority showing that, at the time of his trial, Wyoming law had a clear-cut requirement that juries be given the instruction he now champions.” 2016 WY 7, ¶ 14 , 366 P.3d 512, 516 (Wyo. 2016) (citing Causey v. State, 2009 WY 111, ¶¶ 20-21 , 215 P.3d 287, 293-94 (Wyo. 2009) (emphasis added).

22
CG v. Stategreen
wyo · 2011 · cited in 1 Wyoming opinions naming this issue, 2017–2017
1 sentence

2017See CG, ¶ 15, 248 P.3d at 190 (upholding finding that officer’s application of compliance grip to defendant, which hurt her “a little,” and physically pulling her from van, was not excessive force). [¶44] Given the evidence, and the focus of the defense arguments, we are unable to find that there was a clear-cut requirement that an excessive force instruction be given, and we therefore find no plain error in the district court’s failure to give the instruction.

11
Kentucky v. Whortongreen
scotus · 1979 · cited in 1 Wyoming opinions naming this issue, 2010–2010
2 sentences

2010See Kentucky v. Whorton, 441 U.S. 786 , 99 S.Ct. 2088 , 60 L.Ed.2d 640 (1979) (per curiam ); Taylor v. Kentucky, 436 U.S. 478 , 98 S.Ct. 1930 , 56 L.Ed.2d 468 (1978), and Slaughter v. State, 630 P.2d 517 (Wyo.1981).

2010See Kentucky v. Whorton, 441 U.S. 786 , 99 S.Ct. 2088 , 60 L.Ed.2d 640 (1979) (per curiam ); Taylor v. Kentucky, 436 U.S. 478 , 98 S.Ct. 1930 , 56 L.Ed.2d 468 (1978), and Slaughter v. State, 630 P.2d 517 (Wyo.1981).

11

Distinguished, questioned or overruled (0)

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

Also cited on this issue (5)

CaseCitedYears
United States v. Dominguez Benitez green
scotus · 2004
2 sentences

2020To establish prejudice under plain error review, the defendant must show “a reasonable probability that the result would have been more favorable to [him] had the error not occurred.” Larkins, ¶ 94, 429 P.3d at 50 (citing United States v. Dominguez Benitez, 542 U.S. 74, 81 , 124 S.Ct. 2333, 2339 , 159 L.Ed.2d 157 (2004)). 8 [¶30] The prosecutor’s comments were brief and made in rebuttal closing argument in a case where the evidence of guilt was overwhelming.

2020To establish prejudice under plain error review, the defendant must show “a reasonable probability that the result would have been more favorable to [him] had the error not occurred.” Larkins, ¶ 94, 429 P.3d at 50 (citing United States v. Dominguez Benitez, 542 U.S. 74, 81 , 124 S.Ct. 2333, 2339 , 159 L.Ed.2d 157 (2004)). 8 [¶30] The prosecutor’s comments were brief and made in rebuttal closing argument in a case where the evidence of guilt was overwhelming.

12020–2020
Larkins v. State green
wyo · 2018
1 sentence

2019Material prejudice requires Mr. Hopkins to demonstrate that there is a "reasonable probability that the result would have been more favorable to the defendant had the error not occurred." Larkins v. State , 2018 WY 122 , ¶ 94, 429 P.3d 28 , 50 (Wyo. 2018). [¶20] Mr. Hopkins does not identify a clear and unequivocal rule of law the district court violated and we have found none.

12019–2019
Cody J. Tingey v. State green
wyo · 2017
1 sentence

2019Wyoming law had a clear-cut requirement that juries be given the instruction he now champions." Tingey , ¶ 27, 387 P.3d at 1178 (quoting Vaught , ¶ 14, 366 P.3d at 516 (footnote omitted)).

12019–2019
Slaughter v. State green
wyo · 1981
1 sentence

2010See Kentucky v. Whorton, 441 U.S. 786 , 99 S.Ct. 2088 , 60 L.Ed.2d 640 (1979) (per curiam ); Taylor v. Kentucky, 436 U.S. 478 , 98 S.Ct. 1930 , 56 L.Ed.2d 468 (1978), and Slaughter v. State, 630 P.2d 517 (Wyo.1981).

12010–2010
Taylor v. Kentucky green
scotus · 1978
2 sentences

2010See Kentucky v. Whorton, 441 U.S. 786 , 99 S.Ct. 2088 , 60 L.Ed.2d 640 (1979) (per curiam ); Taylor v. Kentucky, 436 U.S. 478 , 98 S.Ct. 1930 , 56 L.Ed.2d 468 (1978), and Slaughter v. State, 630 P.2d 517 (Wyo.1981).

2010See Kentucky v. Whorton, 441 U.S. 786 , 99 S.Ct. 2088 , 60 L.Ed.2d 640 (1979) (per curiam ); Taylor v. Kentucky, 436 U.S. 478 , 98 S.Ct. 1930 , 56 L.Ed.2d 468 (1978), and Slaughter v. State, 630 P.2d 517 (Wyo.1981).

12010–2010

Where else courts name it

CA 11 (1995–2026) WY 7 (2010–2020) GA 6 (2017–2026) NY 5 (1983–2020) MI 4 (2020–2025) TX 4 (1940–1979) WV 3 (1995–1997) NM 3 (1992–2006) NJ 3 (1960–2000) AZ 2 (2008–2008) MS 2 (1982–1986) ID 2 (1983–1995) PA 2 (1950–2021)

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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