Wyo. Stat. » Wyo. Stat. / Title 07 - Criminal Procedure / Chapter 12 - APPEAL, EXCEPTIONS AND NEW TRIAL / Article 1 - APPEAL AND BILL OF EXCEPTIONS
Wyoming Statutes

Wyo. Stat. § 7-12-102 (2026)

Right of district attorney to take exceptions;

✓ current as of May 2026
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certification; rules.

The district attorney may take exceptions to any opinion or
decision of the court made during the prosecution of a criminal
case. Before being filed in the supreme court, the bill of
exceptions shall be presented to the trial court which shall
certify whether the contents of the bill are correct. If
certified, the trial court shall sign the bill containing the
exceptions and affix the seal of the court and the bill shall be
made part of the record. The bill of exceptions shall be
governed by rules as shall be promulgated by the Wyoming supreme
court.
Notes of Decisions
Cited in 22 cases (1 in the last 5 years), 1979–2024 · leading case: State v. Selig, 635 P.2d 786 (Wyo. 1981).
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State v. Selig, 635 P.2d 786 (Wyo. 1981). · cites it 11× “Upon application of the Attorney General, [1] this court allowed the filing of a bill of exceptions under the provisions of §§ 7-12-102 to 7-12-105, W.S. 1977. The bill of exceptions *788 challenges the trial court's refusal to give the lesser-included offense instruction…”
State v. Sodergren, 686 P.2d 521 (Wyo. 1984). · cites it 10× “Originally, in the case at bar, the Attorney General petitioned for a bill of exceptions in reliance upon §§ 7-12-102 through 7-12-105, W.S. 1977, Wyoming's bill-of-exceptions statutes.”
State v. Keffer, 860 P.2d 1118 (Wyo. 1993). · cites it 6× “§ 7-12-102 (1987). This is the only method available for the State to seek a determination of governing law in any similar, pending or future case.”
Billis v. State, 800 P.2d 401 (Wyo. 1990). · cites it 4× “NOTES [1] W.S. 7-12-102 through 7-12-104 (June 1987 Repl.”
State v. Medrano, 67 S.W.3d 892 (Tex. Crim. App. 2002). · cites it 2× “05 (state may appeal motion to suppress evidence, confession, or admission); Wyo. Stat. § 7-12-102 (state may challenge ruling suppression of evidence with bill of exceptions and writ of certiorari).”
Crozier v. State, 882 P.2d 1230 (Wyo. 1994). · cites it 6× “The legislature has not authorized the State to appeal in a criminal case, and we conclude a cross-appeal is in effect the same as an appeal.”
State v. Newman, 2004 WY 41 (Wyo. 2004). · cites it 5× “3 Wyo. Stat. Ann. § 7-12-102 to 104 (Lexis-Nexis 2003), the statutes governing bills of exception, provide as follows: § 7-12-102.”
State v. Heiner, 683 P.2d 629 (Wyo. 1984). · cites it 4× “Having said this, the court struck the bill since it was not sealed as provided by what is now our § 7-12-102, W.S. 1977, 1983 Cum.Supp. Reference to the Majority Opinion and City of Laramie v.”
Ken v. State, 267 P.3d 567 (Wyo. 2011). · cites it 3× “Ken a new trial, The exclusive means available to the State to challenge an adverse ruling in a criminal case is by filing a bill of exceptions in accordance with Wyo. Stat. Ann. §§ 7-12-102 and 103 (LexisNexis 2011) or by filing a petition for writ of review pursuant to W.”
State v. Steele, 620 P.2d 1026 (Wyo. 1980). · cites it 4× “Pursuant to § 7-12-102, W.S.1977, 1 appellant-State made application to this court for permission to file a Bill of Exceptions *1027 relating to certain orders and proceedings had in the district court in this matter.”
State v. Carter, 714 P.2d 1217 (Wyo. 1986). · cites it 2× “*1219 Pursuant to §§ 7-12-102 and 7-12-103, W.S. 1977, 1985 Cum.”
State v. Faltynowicz, 660 P.2d 368 (Wyo. 1983). · cites it 2× “We can do that here by holding the design of §§ 7-12-102 through 7-12-105 to be applicable only in those cases where the defendant has been placed in jeopardy, and appeals can be taken by the State in all other cases.”
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