Wyoming Statutes

Wyo. Stat. § 6-2-103 (2026)

Review of death sentences; notice from clerk of

✓ current as of May 2026

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trial court; factors to be considered by supreme court;
disposition of appeal.

     (a) The judgment of conviction and sentence of death is
subject to automatic review by the supreme court of Wyoming
within one hundred twenty (120) days after certification by the
sentencing court of the entire record, unless the time is
extended for an additional period not to exceed sixty (60) days
by the supreme court for good cause shown. Such review by the
supreme court shall have priority over all other cases.

     (b) Within ten (10) days after receiving the transcript,
the clerk of the trial court shall transmit the entire record
and transcript to the supreme court of Wyoming together with a
notice prepared by the clerk and a report prepared by the trial
judge. The notice shall set forth the title and docket number of
the case, the name of the defendant and the name and address of
his attorney, a statement of the judgment, the crime and
punishment prescribed. The report shall be in the form of a
standard questionnaire prepared and supplied by the supreme
court of Wyoming.

     (c) The supreme court of Wyoming shall consider the
punishment as well as any errors enumerated by way of appeal.

      (d)   With regard to the sentence, the court shall determine
if:

          (i) The sentence of death was imposed under the
influence of passion, prejudice or any other arbitrary factor;
          (ii) The evidence supports the jury's or judge's
finding of an aggravating circumstance as enumerated in W.S.
6-2-102 and mitigating circumstances.

          (iii)    Repealed by Laws 1989, ch. 171, § 2.

     (e) In addition to its authority regarding correction of
errors, the court, with regard to review of death sentences,
may:

          (i)    Affirm the sentence of death;

          (ii) Set the sentence aside and impose a sentence of
life imprisonment without parole, or life imprisonment; or

          (iii)    Set the sentence aside and remand the case for
resentencing.

Notes of Decisions

Cited in 15 cases, 1984–2018 · leading case: State v. Bland, 958 S.W.2d 651 (Tenn. 1997).

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State v. Bland, 958 S.W.2d 651 (Tenn. 1997). · cites it 2× “9711(h); South Carolina, S.C. Code Ann. § 16-3-25 (C); South Dakota, S.”

Whitmore Ex Rel. Simmons v. Arkansas, 495 U.S. 149 (1990). · cites it 2× “100 (1989); Wyo. Stat. § 6-2-103 (1988). Ohio's rule as to waiver is unclear.”

Davis v. State, 415 P.3d 666 (Wyo. 2018). · cites it 3× “Capital sentences are subject to review in accordance with Wyo. Stat. Ann. § 6-2-103 (LexisNexis 2017).”

Harlow v. State, 2003 WY 47 (Wyo. 2003). · cites it 5× “[T1] In accordance with Wyo. Stat. Ann. § 6-2-103 (Michie 1997), this is an appeal from convictions of capital murder charged under Wyo.”

Harlow v. State, 2005 WY 12 (Wyo. 2005). · cites it 4× “Were Harlow’s Fifth and Fourteenth Amendment rights to due process and equal protection violated by the untimely disposition of his appeal? [¶73] Wyo. Stat. Ann. § 6-2-103 (a) (Lexis 1999) provides for automatic review of capital sentences: The judgment of conviction and…”

Engberg v. State, 686 P.2d 541 (Wyo. 1984). · cites it 4× “Section 6-2-103, W.S. 1977. Therefore, under the plain-error rule and statutory directive, this court is bound to examine all aggravating-circumstance considerations to determine whether they supplied a constitutionally permissible basis for imposition of the death penalty.”

Olsen v. State, 67 P.3d 536 (Wyo. 2003). · cites it 2× “Wyo. Stat. Ann. § 6-2-103 (d)G) and () (Michie 1997).”

State Ex Rel. Hopkinson v. Dist. Court, Teton Cnty., 696 P.2d 54 (Wyo. 1985). · cites it 2× “Section 6-2-103, W.S. That we have done, and we see nothing new in what has been offered which requires us to do it again.”

Hopkinson v. State, 798 P.2d 1186 (Wyo. 1990). · cites it 3× “The court may either affirm the sentence of the death, set the sentence aside and impose a sentence of life imprisonment, or set the sentence aside and remand the case for resentencing.”

Osborn v. State, 806 P.2d 259 (Wyo. 1991). · cites it 2× “W.S. 6-2-103(a), this case is considered within the present proper perspective of a multiple murder life sentence criminal case where involvement and participation of Osborn is not in any issue.”

Osborn v. Schillinger, 639 F. Supp. 610 (D. Wyo. 1986). · cites it 2× “Wyo.Stat. § 6-2-103 (1938). See Gardner v.”

Engberg v. Meyer, 820 P.2d 70 (Wyo. 1991). “It may be that the majority intended to invoke the language of § 6-2-103(e)(iii), W.S. 1977 (Cum.Supp. 1991), which provides that this court may "[s]et the sentence aside and remand the case for resentencing.”

Show all 15 citing cases →

— Wyo. Stat. § 6-2-103(a) — 1 case

Osborn v. State, 806 P.2d 259 (Wyo. 1991). “W.S. 6-2-103(a), this case is considered within the present proper perspective of a multiple murder life sentence criminal case where involvement and participation of Osborn is not in any issue.”

— Wyo. Stat. § 6-2-103(b) — 1 case

Hopkinson v. State, 679 P.2d 1008 (Wyo. 1984).

— Wyo. Stat. § 6-2-103(c) — 1 case

Harlow v. State, 2003 WY 47 (Wyo. 2003). “[T1] In accordance with Wyo. Stat. Ann. § 6-2-103 (Michie 1997), this is an appeal from convictions of capital murder charged under Wyo.”

— Wyo. Stat. § 6-2-103(d) — 1 case

Davis v. State, 415 P.3d 666 (Wyo. 2018). “Capital sentences are subject to review in accordance with Wyo. Stat. Ann. § 6-2-103 (LexisNexis 2017).”

— Wyo. Stat. § 6-2-103(e) — 2 cases

Hopkinson v. State, 798 P.2d 1186 (Wyo. 1990). “The court may either affirm the sentence of the death, set the sentence aside and impose a sentence of life imprisonment, or set the sentence aside and remand the case for resentencing.”

Hopkinson v. State, 704 P.2d 1323 (Wyo. 1985).

— Wyo. Stat. § 6-2-103(e)(iii) — 1 case

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