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7 Wyoming opinions name it 1 courts 1986–2001 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 |
|---|---|---|
Opie v. Stategreen2 sentences1991Comparable is W-.R.Cr.P. 34 which generally provides an interpretive test and application defined as the Opie rule, Opie v. State, 422 P.2d 84 (Wyo.1967), which is directed to achieve an identical application trial procedure for both criminal and civil cases. 1991Comparable is W-.R.Cr.P. 34 which generally provides an interpretive test and application defined as the Opie rule, Opie v. State, 422 P.2d 84 (Wyo.1967), which is directed to achieve an identical application trial procedure for both criminal and civil cases. | 1 | 6 |
Lacey v. Stategreen2 sentences1991Lacey v. State, 803 P.2d 1364 (Wyo.1990); Burns v. State, 574 P.2d 422 (Wyo.1978); Jones v. State, 568 P.2d 837 (Wyo.1977); and Daellenbach v. State, 562 P.2d 679 (Wyo.1977). 1991Lacey v. State, 803 P.2d 1364 (Wyo.1990); Burns v. State, 574 P.2d 422 (Wyo.1978); Jones v. State, 568 P.2d 837 (Wyo.1977); and Daellenbach v. State, 562 P.2d 679 (Wyo.1977). | 1 | 2 |
Best v. Stategreen2 sentences1991In most recent examination, before Lacey , we considered in Best v. State, 769 P.2d 385 (Wyo.1989) the Opie test for the attempted murder offense. 1991In most recent examination, before Lacey , we considered in Best v. State, 769 P.2d 385 (Wyo.1989) the Opie test for the attempted murder offense. | 1 | 2 |
United States v. Johnsongreen2 sentences1991Those requirements have not been adjusted, and they are set forth in Opie , as adopted from United States v. Johnson, 142 F.2d 588, 592 (7th Cir.1944), cert. dismissed 323 U.S. 806 , 65 S.Ct. 264 , 89 L.Ed. 643 (1944), as follows: “ * * * (1) That the evidence has come to his knowledge since the trial; (2) that it was not owing to the want of due diligence that it did not come sooner; (3) that it is so material that it would probably produce a different verdict, if the new trial were granted; and (4) that it is not cumulative, viz., speaking to facts in relation to which there was evidence at 1991Those requirements have not been adjusted, and they are set forth in Opie , as adopted from United States v. Johnson, 142 F.2d 588, 592 (7th Cir.1944), cert. dismissed 323 U.S. 806 , 65 S.Ct. 264 , 89 L.Ed. 643 (1944), as follows: “ * * * (1) That the evidence has come to his knowledge since the trial; (2) that it was not owing to the want of due diligence that it did not come sooner; (3) that it is so material that it would probably produce a different verdict, if the new trial were granted; and (4) that it is not cumulative, viz., speaking to facts in relation to which there was evidence at | 1 | 1 |
Espy v. Stategreen2 sentences1991See Espy, 92 P.2d 549 . 1991See Espy, 92 P.2d 549 . | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Wyoming. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Hopkinson v. State
green
2 sentences2001Hopkinson, 679 P.2d at 1022 . 2001Hopkinson, 679 P.2d at 1022 . | 1 | 2001–2001 |
John B. Roden, Jr., Inc. v. Davis
green
2 sentences1991Roden, Jr., Inc. v. Davis, 460 P.2d 209 (Wyo. 1969) — admission evidence was not sufficient to have affected the result of the trial; and Ballinger v. State, 437 P.2d 305 (Wyo. 1968) — materiality for Opie test not demonstrated. 1991Roden, Jr., Inc. v. Davis, 460 P.2d 209 (Wyo.1969)—admission evidence was not sufficient to have affected the result of the trial; and Ballinger v. State, 437 P.2d 305 (Wyo.1968)—materiality for Opie test not demonstrated. | 1 | 1991–1991 |
Jones v. State
green
2 sentences1991Lacey v. State, 803 P.2d 1364 (Wyo.1990); Burns v. State, 574 P.2d 422 (Wyo.1978); Jones v. State, 568 P.2d 837 (Wyo.1977); and Daellenbach v. State, 562 P.2d 679 (Wyo.1977). 1991Lacey v. State, 803 P.2d 1364 (Wyo.1990); Burns v. State, 574 P.2d 422 (Wyo.1978); Jones v. State, 568 P.2d 837 (Wyo.1977); and Daellenbach v. State, 562 P.2d 679 (Wyo.1977). | 1 | 1991–1991 |
State v. York
green
2 sentences1991York, 704 P.2d 1252 and the singular volume of cases cited in the dissent are not novelties when comprehensive legal research of the authorities are pursued. 1991York, 704 P.2d 1252 and the singular volume of cases cited in the dissent are not novelties when comprehensive legal research of the authorities are pursued. | 1 | 1991–1991 |
Burns v. State
green
2 sentences1991Burns v. State, 574 P.2d 422 (Wyo.1978) was another credibility case in which the defendant, while in the penitentiary, filed an affidavit recanting his testimony at trial. 1991Lacey v. State, 803 P.2d 1364 (Wyo.1990); Burns v. State, 574 P.2d 422 (Wyo.1978); Jones v. State, 568 P.2d 837 (Wyo.1977); and Daellenbach v. State, 562 P.2d 679 (Wyo.1977). | 1 | 1991–1991 |
King v. State
green
2 sentences1991Id. 1991Id. | 1 | 1991–1991 |
Kennedy v. State
green
2 sentences1991The recantation was subsequently recanted at the hearing on defendant’s motion for new trial; Kennedy v. State, 470 P.2d 372 , reh’g denied 474 P.2d 127 (Wyo.1970), cert. denied 401 U.S. 939 , 91 S.Ct. 933 , 28 L.Ed.2d 218 (1971)—evidence that the complaining witness may have been drinking lacked materiality for the grant of a new trial; John B. 1991The recantation was subsequently recanted at the hearing on defendant’s motion for new trial; Kennedy v. State, 470 P.2d 372 , reh’g denied 474 P.2d 127 (Wyo.1970), cert. denied 401 U.S. 939 , 91 S.Ct. 933 , 28 L.Ed.2d 218 (1971)—evidence that the complaining witness may have been drinking lacked materiality for the grant of a new trial; John B. | 1 | 1991–1991 |
Salaz v. State
green
2 sentences1991In none of these cases was any suggestion provided as ratio decidendi that the trial court should determine empirically that in addition to compliance with the Opie test, the trial court should make a determination after recantation that the current statement of the witness “is true.” More conventional cases not involving direct recantation by this court since Opie include: Salaz v. State, 561 P.2d 238 (Wyo.1977)—newly discovered witness which was not so new and not per se newly discovered evidence; Flaim v. State, 488 P.2d 153 (Wyo.1971)—penitentiary statement from witness was unreliable beca 1991In none of these cases was any suggestion provided as ratio decidendi that the trial court should determine empirically that in addition to compliance with the Opie test, the trial court should make a determination after recantation that the current statement of the witness “is true.” More conventional cases not involving direct recantation by this court since Opie include: Salaz v. State, 561 P.2d 238 (Wyo.1977)—newly discovered witness which was not so new and not per se newly discovered evidence; Flaim v. State, 488 P.2d 153 (Wyo.1971)—penitentiary statement from witness was unreliable beca | 1 | 1991–1991 |
Daellenbach v. State
green
2 sentences1991Lacey v. State, 803 P.2d 1364 (Wyo.1990); Burns v. State, 574 P.2d 422 (Wyo.1978); Jones v. State, 568 P.2d 837 (Wyo.1977); and Daellenbach v. State, 562 P.2d 679 (Wyo.1977). 1991Lacey v. State, 803 P.2d 1364 (Wyo.1990); Burns v. State, 574 P.2d 422 (Wyo.1978); Jones v. State, 568 P.2d 837 (Wyo.1977); and Daellenbach v. State, 562 P.2d 679 (Wyo.1977). | 1 | 1991–1991 |
Ballinger v. State
green
2 sentences1991Roden, Jr., Inc. v. Davis, 460 P.2d 209 (Wyo. 1969) — admission evidence was not sufficient to have affected the result of the trial; and Ballinger v. State, 437 P.2d 305 (Wyo. 1968) — materiality for Opie test not demonstrated. 1991Roden, Jr., Inc. v. Davis, 460 P.2d 209 (Wyo.1969)—admission evidence was not sufficient to have affected the result of the trial; and Ballinger v. State, 437 P.2d 305 (Wyo.1968)—materiality for Opie test not demonstrated. | 1 | 1991–1991 |
Flaim v. State
green
2 sentences1991In none of these cases was any suggestion provided as ratio decidendi that the trial court should determine empirically that in addition to compliance with the Opie test, the trial court should make a determination after recantation that the current statement of the witness “is true.” More conventional cases not involving direct recantation by this court since Opie include: Salaz v. State, 561 P.2d 238 (Wyo.1977)—newly discovered witness which was not so new and not per se newly discovered evidence; Flaim v. State, 488 P.2d 153 (Wyo.1971)—penitentiary statement from witness was unreliable beca 1991In none of these cases was any suggestion provided as ratio decidendi that the trial court should determine empirically that in addition to compliance with the Opie test, the trial court should make a determination after recantation that the current statement of the witness “is true.” More conventional cases not involving direct recantation by this court since Opie include: Salaz v. State, 561 P.2d 238 (Wyo.1977)—newly discovered witness which was not so new and not per se newly discovered evidence; Flaim v. State, 488 P.2d 153 (Wyo.1971)—penitentiary statement from witness was unreliable beca | 1 | 1991–1991 |
Kennedy v. State
green
2 sentences1991The recantation was subsequently recanted at the hearing on defendant’s motion for new trial; Kennedy v. State, 470 P.2d 372 , reh’g denied 474 P.2d 127 (Wyo.1970), cert. denied 401 U.S. 939 , 91 S.Ct. 933 , 28 L.Ed.2d 218 (1971)—evidence that the complaining witness may have been drinking lacked materiality for the grant of a new trial; John B. 1991The recantation was subsequently recanted at the hearing on defendant’s motion for new trial; Kennedy v. State, 470 P.2d 372 , reh’g denied 474 P.2d 127 (Wyo.1970), cert. denied 401 U.S. 939 , 91 S.Ct. 933 , 28 L.Ed.2d 218 (1971)—evidence that the complaining witness may have been drinking lacked materiality for the grant of a new trial; John B. | 1 | 1991–1991 |
Southwire Co. v. National Labor Relations Board
green
2 sentences1991The recantation was subsequently recanted at the hearing on defendant’s motion for new trial; Kennedy v. State, 470 P.2d 372 , reh’g denied 474 P.2d 127 (Wyo.1970), cert. denied 401 U.S. 939 , 91 S.Ct. 933 , 28 L.Ed.2d 218 (1971)—evidence that the complaining witness may have been drinking lacked materiality for the grant of a new trial; John B. 1991The recantation was subsequently recanted at the hearing on defendant’s motion for new trial; Kennedy v. State, 470 P.2d 372 , reh’g denied 474 P.2d 127 (Wyo.1970), cert. denied 401 U.S. 939 , 91 S.Ct. 933 , 28 L.Ed.2d 218 (1971)—evidence that the complaining witness may have been drinking lacked materiality for the grant of a new trial; John B. | 1 | 1991–1991 |
Kennedy v. Wyoming
green
2 sentences1991The recantation was subsequently recanted at the hearing on defendant’s motion for new trial; Kennedy v. State, 470 P.2d 372 , reh’g denied 474 P.2d 127 (Wyo.1970), cert. denied 401 U.S. 939 , 91 S.Ct. 933 , 28 L.Ed.2d 218 (1971)—evidence that the complaining witness may have been drinking lacked materiality for the grant of a new trial; John B. 1991The recantation was subsequently recanted at the hearing on defendant’s motion for new trial; Kennedy v. State, 470 P.2d 372 , reh’g denied 474 P.2d 127 (Wyo.1970), cert. denied 401 U.S. 939 , 91 S.Ct. 933 , 28 L.Ed.2d 218 (1971)—evidence that the complaining witness may have been drinking lacked materiality for the grant of a new trial; John B. | 1 | 1991–1991 |
Lynn v. Ulio
green
2 sentences1991Those requirements have not been adjusted, and they are set forth in Opie , as adopted from United States v. Johnson, 142 F.2d 588, 592 (7th Cir.1944), cert. dismissed 323 U.S. 806 , 65 S.Ct. 264 , 89 L.Ed. 643 (1944), as follows: “ * * * (1) That the evidence has come to his knowledge since the trial; (2) that it was not owing to the want of due diligence that it did not come sooner; (3) that it is so material that it would probably produce a different verdict, if the new trial were granted; and (4) that it is not cumulative, viz., speaking to facts in relation to which there was evidence at 1991Those requirements have not been adjusted, and they are set forth in Opie , as adopted from United States v. Johnson, 142 F.2d 588, 592 (7th Cir.1944), cert. dismissed 323 U.S. 806 , 65 S.Ct. 264 , 89 L.Ed. 643 (1944), as follows: “ * * * (1) That the evidence has come to his knowledge since the trial; (2) that it was not owing to the want of due diligence that it did not come sooner; (3) that it is so material that it would probably produce a different verdict, if the new trial were granted; and (4) that it is not cumulative, viz., speaking to facts in relation to which there was evidence at | 1 | 1991–1991 |
Grable v. State
green
2 sentences1989See, e.g., Best, 769 P.2d at 387-88 ; Gist, 737 P.2d at 339-40 ; and Grable, 664 P.2d at 533 . 1989See, e.g., Best, 769 P.2d at 387-88 ; Gist, 737 P.2d at 339-40 ; and Grable, 664 P.2d at 533 . | 1 | 1989–1989 |
Gist v. State
green
2 sentences1989In an argument similar to that presented to this Court in Gist, 737 P.2d 336 , appellant additionally urges this Court to adopt a less stringent standard than the “Opie test” for motions for new trials on the basis of newly discovered evidence which are made within ten days of the final decision. 1989In an argument similar to that presented to this Court in Gist, 737 P.2d 336 , appellant additionally urges this Court to adopt a less stringent standard than the " Opie test" for motions for new trials on the basis of newly discovered evidence which are made within ten days of the final decision. | 1 | 1989–1989 |
Frias v. State
green
2 sentences1989Gist; Frias v. State, 722 P.2d 135 (Wyo.1986); Opie, 422 P.2d 84 . 1989Gist; Frias v. State, 722 P.2d 135 (Wyo.1986); Opie, 422 P.2d 84 . | 1 | 1989–1989 |