Wyo. Stat. » Wyo. Stat. / Title 07 - Criminal Procedure / Chapter 11 - TRIAL AND MATTERS INCIDENT THERETO / Article 3 - MENTAL ILLNESS OR DEFICIENCY
Wyoming Statutes

Wyo. Stat. § 7-11-302 (2026)

Trial or punishment of person lacking mental

✓ current as of May 2026
Find cases: SyfertCases citing this section WY-LEGwyoleg.gov JustiaTitle on Justia CornellLII Search CasesGoogle Scholar 
capacity.

     (a) No person shall be tried, sentenced or punished for
the commission of an offense while, as a result of mental
illness or deficiency, he lacks the capacity, to:

           (i)    Comprehend his position;
          (ii) Understand the nature and object of the
proceedings against him;

          (iii)   Conduct his defense in a rational manner; and

          (iv) Cooperate with his counsel to the end that any
available defense may be interposed.
Notes of Decisions
Cited in 22 cases (4 in the last 5 years), 1979–2023 · leading case: Jamie Stuart Snyder v. The State of Wyoming, 2021 WY 108 (Wyo. 2021).
Sort: Relevance Newest Treatment
Jamie Stuart Snyder v. The State of Wyoming, 2021 WY 108 (Wyo. 2021). · cites it 12× “5 The phrase “substantial evidence” comes directly from the Wyoming Administrative Procedures Act6 and is not included or referenced in Wyo. Stat. Ann. § 7-11-302 . The abuse of discretion standard is the appropriate standard of review to apply to a lower court’s determination…”
Dharminder Vir Sen v. The State of Wyoming, 2013 WY 47 (Wyo. 2013). · cites it 4× “To the extent that the proposed testimony could be viewed as evidence of diminished capacity, we are not inclined to expand the defense of mental incapacity beyond the scope of Wyo. Stat. Ann. § 7-11-302 . 3 See Dean v.”
Hayes v. State, 599 P.2d 558 (Wyo. 1979). · cites it 6× “" Section 7-11-302 also has a definition posture.”
In the Interest of: SWM v. The State of Wyoming, 2013 WY 49 (Wyo. 2013). · cites it 4× “In addition, we note that Wyo. Stat. Ann. § 7-11-302 provides that: (a) No person shall be tried, sentenced or punished for the commission of an offense while, as a result of mental illness or deficiency, he lacks the capacity, to: (i) Comprehend his position; (ii) Understand…”
Gilber Aldolfo Delgado, Jr. v. The State of Wyoming, 2022 WY 61 (Wyo. 2022). · cites it 4× “[¶18] The standard for competency to proceed in a criminal case is set out in Wyo. Stat. Ann. § 7-11-302 (LexisNexis 2021): (a) No person shall be tried, sentenced or punished for the commission of an offense while, as a result of mental illness or deficiency, he lacks the…”
McLaren v. State, 407 P.3d 1200 (Wyo. 2017). · cites it 4× “McLaren’s constitutional rights when it failed to suspend the proceedings on its own motion and request a competency evaluation? [¶13] Wyo. Stat. Ann. § 7-11-302 .(Lexis-Nexis 2017) sets forth the standard for mental competency of a defendant to proceed in a criminal case: (a)…”
Price v. State, 807 P.2d 909 (Wyo. 1991). · cites it 4× “] Section 7-11-302 provides: (a) No person shall be tried, sentenced or punished for the commission of an offense while, as a result of mental illness or deficiency, he lacks the capacity, to: (i) Comprehend his position; (ii) Understand the nature and object of the proceedings…”
Commonwealth v. Sanchez, 36 A.3d 24 (Pa. 2011). “But see Wyo. Stat. § 7-11-302 (punishment of person with "mental deficiency”); § 7-11-301 (mental deficiency means defect attributable to intellectual disability, brain damage, and cognitive disabilities).”
Krucheck v. State, 671 P.2d 1222 (Wyo. 1983). · cites it 4× “Section 7-11-302, W.S. 1977, covers a lack of capacity, "as a result of mental illness or deficiency" to be tried, sentenced or punished if an accused is unable to comprehend his position, understand the proceedings against him, conduct his defense rationally and cooperate with…”
DeShazer v. State, 74 P.3d 1240 (Wyo. 2003). · cites it 2× “Wyo. Stat. Ann. § 7-11-302 (LexisNexis 2008) provides: (a) No person shall be tried, sentenced or punished for the commission of an offense while, as a result of mental illness or deficiency, he lacks the capacity, to: (i) Comprehend his position; (i) Understand the nature and…”
Pote v. State, 695 P.2d 617 (Wyo. 1985). · cites it 2× “" At no time did appellant claim lack of capacity to stand trial as provided for in § 7-11-302, W.S. 1977, nor did he enter a plea of not guilty by reason of mental illness or deficiency, according to § 7-11-304(d), W.”
Vaughn v. State, 962 P.2d 149 (Wyo. 1998). “§ 7-11-302 (1995), which provides: (a) No person shall be tried, sentenced or punished for the commission of an offense while, as a result of mental illness or deficiency, he lacks the capacity, to: (i) Comprehend his position; (ii) Understand the nature and object of the…”
Show all 22 citing cases →
— Wyo. Stat. § 7-11-302(a) — 4 cases
Van Dean v. State, 668 P.2d 639 (Wyo. 1983).
Gilber Aldolfo Delgado, Jr. v. The State of Wyoming, 2022 WY 61 (Wyo. 2022). “[¶18] The standard for competency to proceed in a criminal case is set out in Wyo. Stat. Ann. § 7-11-302 (LexisNexis 2021): (a) No person shall be tried, sentenced or punished for the commission of an offense while, as a result of mental illness or deficiency, he lacks the…”
Koenig v. State, 121 P.3d 780 (Wyo. 2005).
Richard Eugene Merlak v. The State of Wyoming, 2021 WY 95 (Wyo. 2021).
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.