first prong test (Wyoming) · Go Syfert
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first prong test in Wyoming

7 Wyoming opinions name it 1 courts 1991–2025 2 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 (1)

CaseFollowedCited
Chippewa v. Stategreen
wyo · 2006 · cited in 1 Wyoming opinions naming this issue, 2007–2007
2 sentences

2007The first prong of the test, that there must be authority for restitution, was established. [¶ 41] "This Court has held that, when a defendant knowingly and voluntarily agrees in a plea agreement to pay restitution, and then fails to object at sentencing to the restitution amount, he waives his right to challenge on appeal the factual basis of the restitution award." Chippewa v. State, 2006 WY 11, ¶ 7 , 126 P.3d 129, 131 (Wyo.2006).

2007The first prong of the test, that there must be authority for restitution, was established. [¶ 41] "This Court has held that, when a defendant knowingly and voluntarily agrees in a plea agreement to pay restitution, and then fails to object at sentencing to the restitution amount, he waives his right to challenge on appeal the factual basis of the restitution award." Chippewa v. State, 2006 WY 11, ¶ 7 , 126 P.3d 129, 131 (Wyo.2006).

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 (10)

CaseCitedYears
Chesapeake Exploration, Llc, an Oklahoma Limited Liability Company v. Morton Production Company, Llc, a Wyoming Limited Liability Company green
wyo · 2025
2 sentences

2025Co., LLC, 2025 WY 15, ¶ 59 , 562 P.3d 1286 , 1301 (Wyo. 2025). “[T]he central purpose of Rule 60(a) is to effectuate the contemporaneous intent of the court and to ensure that the judgment reflects that intent.” Stone, 2023 WY 21, ¶ 8 , 525 P.3d at 636 (quoting Snyder v. Snyder, 2021 WY 101, ¶ 12 , 495 P.3d 876 , 879 (Wyo. 2021)).

2025Co., LLC, 2025 WY 15, ¶ 59 , 562 P.3d 1286 , 1301 (Wyo. 2025). “[T]he central purpose of Rule 60(a) is to effectuate the contemporaneous intent of the court and to ensure that the judgment reflects that intent.” Stone, 2023 WY 21, ¶ 8 , 525 P.3d at 636 (quoting Snyder v. Snyder, 2021 WY 101, ¶ 12 , 495 P.3d 876 , 879 (Wyo. 2021)).

12025–2025
Wendy L. Stone v. Daryl D. Stone green
wyo · 2023
2 sentences

2025Stone v. Stone, 2023 WY 21, ¶ 9 , 525 P.3d 634 , 636-37 (Wyo. 2023) (citations omitted). [¶15] With regard to the first prong of this test, “[a] clerical error is a mistake or omission of a mechanical nature apparent on the face of the record that prevents the judgment as entered from accurately reflecting the judgment that was rendered.” Chesapeake Expl., LLC v. Morton Prod.

2025Stone v. Stone, 2023 WY 21, ¶ 9 , 525 P.3d 634 , 636-37 (Wyo. 2023) (citations omitted). [¶15] With regard to the first prong of this test, “[a] clerical error is a mistake or omission of a mechanical nature apparent on the face of the record that prevents the judgment as entered from accurately reflecting the judgment that was rendered.” Chesapeake Expl., LLC v. Morton Prod.

12025–2025
Rex Keith Snyder v. Ronda Snyder neutral
wyo · 2021
1 sentence

2025Co., LLC, 2025 WY 15, ¶ 59 , 562 P.3d 1286 , 1301 (Wyo. 2025). “[T]he central purpose of Rule 60(a) is to effectuate the contemporaneous intent of the court and to ensure that the judgment reflects that intent.” Stone, 2023 WY 21, ¶ 8 , 525 P.3d at 636 (quoting Snyder v. Snyder, 2021 WY 101, ¶ 12 , 495 P.3d 876 , 879 (Wyo. 2021)).

12025–2025
David Edward Ingersoll v. The State of Wyoming green
wyo · 2022
2 sentences

2023As discussed above, to establish plain error, Mr. Berry “must show (1) the record is clear about the incident alleged as error; (2) a violation of a clear and unequivocal rule of law; and (3) he was denied a substantial right resulting in material prejudice.” Anderson, 2022 WY 119, ¶ 35 , 517 P.3d at 593 (quoting Ingersoll, 2022 WY 74, ¶ 9 , 511 P.3d at 484 ). [¶68] In this case, Mr. Berry cannot satisfy the first prong of the test, because the record does not clearly reflect the alleged error.

2023As discussed above, to establish plain error, Mr. Berry “must show (1) the record is clear about the incident alleged as error; (2) a violation of a clear and unequivocal rule of law; and (3) he was denied a substantial right resulting in material prejudice.” Anderson, 2022 WY 119, ¶ 35 , 517 P.3d at 593 (quoting Ingersoll, 2022 WY 74, ¶ 9 , 511 P.3d at 484 ). [¶68] In this case, Mr. Berry cannot satisfy the first prong of the test, because the record does not clearly reflect the alleged error.

12023–2023
Terry Dean Anderson v. The State of Wyoming green
wyo · 2022
2 sentences

2023As discussed above, to establish plain error, Mr. Berry “must show (1) the record is clear about the incident alleged as error; (2) a violation of a clear and unequivocal rule of law; and (3) he was denied a substantial right resulting in material prejudice.” Anderson, 2022 WY 119, ¶ 35 , 517 P.3d at 593 (quoting Ingersoll, 2022 WY 74, ¶ 9 , 511 P.3d at 484 ). [¶68] In this case, Mr. Berry cannot satisfy the first prong of the test, because the record does not clearly reflect the alleged error.

2023As discussed above, to establish plain error, Mr. Berry “must show (1) the record is clear about the incident alleged as error; (2) a violation of a clear and unequivocal rule of law; and (3) he was denied a substantial right resulting in material prejudice.” Anderson, 2022 WY 119, ¶ 35 , 517 P.3d at 593 (quoting Ingersoll, 2022 WY 74, ¶ 9 , 511 P.3d at 484 ). [¶68] In this case, Mr. Berry cannot satisfy the first prong of the test, because the record does not clearly reflect the alleged error.

12023–2023
Turner v. Rogers green
scotus · 2011
2 sentences

2012A dispute falls into this special category, the Court stated, and remains live if "(1) the challenged action [is] in its duration too short to be fully litigated prior to its cessation or expiration, and (2) there [is] a reasonable expectation that the same complaining party [will] be subjected to the same action again." Id., citing Weinstein v. Bradford, 423 U.S. 147, 149 , 96 S.Ct. 347, 349 , 46 L.Ed.2d 350 (1975) (per curiam). [¶ 103] Applying the first prong of this test, the Court concluded the challenged action, father's imprisonment, was in its duration too short to be fully litigated t

2012A dispute falls into this special category, the Court stated, and remains live if "(1) the challenged action [is] in its duration too short to be fully litigated prior to its cessation or expiration, and (2) there [is] a reasonable expectation that the same complaining party [will] be subjected to the same action again." Id., citing Weinstein v. Bradford, 423 U.S. 147, 149 , 96 S.Ct. 347, 349 , 46 L.Ed.2d 350 (1975) (per curiam). [T103] Applying the first prong of this test, the Court concluded the challenged action, father's imprisonment, was in its duration too short to be fully litigated th

12012–2012
Weinstein v. Bradford green
scotus · 1975
2 sentences

2012A dispute falls into this special category, the Court stated, and remains live if "(1) the challenged action [is] in its duration too short to be fully litigated prior to its cessation or expiration, and (2) there [is] a reasonable expectation that the same complaining party [will] be subjected to the same action again." Id., citing Weinstein v. Bradford, 423 U.S. 147, 149 , 96 S.Ct. 347, 349 , 46 L.Ed.2d 350 (1975) (per curiam). [¶ 103] Applying the first prong of this test, the Court concluded the challenged action, father's imprisonment, was in its duration too short to be fully litigated t

2012A dispute falls into this special category, the Court stated, and remains live if "(1) the challenged action [is] in its duration too short to be fully litigated prior to its cessation or expiration, and (2) there [is] a reasonable expectation that the same complaining party [will] be subjected to the same action again." Id., citing Weinstein v. Bradford, 423 U.S. 147, 149 , 96 S.Ct. 347, 349 , 46 L.Ed.2d 350 (1975) (per curiam). [¶ 103] Applying the first prong of this test, the Court concluded the challenged action, father's imprisonment, was in its duration too short to be fully litigated t

12012–2012
Bunting v. Jamieson green
wyo · 1999
1 sentence

2004Id.

12004–2004
Robinson v. Pacificorp green
wyo · 2000
2 sentences

2003Robinson, 10 P.3d at 1137 . [¶ 37] The Greenwalts’ contentions cannot survive this first prong of the test.

2003Robinson, 10 P.3d at 1137 . [ถ 37] The Greenwalts' contentions cannot survive this first prong of the test.

12003–2003
Bradley v. State green
wyo · 1981
2 sentences

1991Appellant’s challenge fails, however, to pass the second portion of the test for plain error, which requires that the party claiming plain error must establish that “a clear and unequivocal rule of law was violated.” Id. at 1164 .

1991Appellant's challenge fails, however, to pass the second portion of the test for plain error, which requires that the party claiming plain error must establish that "a clear and unequivocal rule of law was violated." Id. at 1164 .

11991–1991

Where else courts name it

TX 450 (1982–2026) OH 227 (1980–2026) CA 162 (1982–2026) IL 137 (1983–2026) NY 127 (1969–2026) GA 105 (1975–2026) WA 100 (1982–2026) NJ 95 (1985–2026) CT 93 (1981–2025) PA 91 (1975–2026) FL 71 (1981–2025) IA 65 (1983–2024) MI 57 (1977–2026) TN 49 (1991–2025) NM 48 (1988–2026) AL 46 (1985–2024) MA 41 (1982–2023) IN 41 (1988–2024) MO 38 (1984–2016) RI 36 (1987–2017) NC 35 (1984–2024) NH 35 (1988–2025) UT 35 (1983–2025) MS 31 (1992–2024) WI 31 (1978–2025) KS 30 (1978–2024) MT 29 (1985–2023) KY 28 (1993–2026) VA 26 (1986–2026) VT 26 (1988–2025) CO 25 (1973–2026) HI 23 (1981–2024) LA 21 (1991–2025) MD 18 (1988–2024) SD 18 (1976–2025) MN 16 (1977–2024) OR 16 (1996–2021) AZ 14 (1983–2020) ME 14 (1984–2023) DC 13 (1978–2025) ND 12 (1980–2024) NE 12 (1985–2018) SC 12 (1992–2015) AK 11 (1975–2023) OK 9 (1986–2021) WV 9 (1991–2018) ID 7 (1989–2020) WY 7 (1991–2025) NV 6 (1996–2021) AR 5 (2003–2024) DE 5 (2018–2025) VI 4 (2007–2023)

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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