Wyoming Statutes

Wyo. Stat. § 7-13-901 (2026)

Notice that convict lacks requisite mental

✓ current as of May 2026

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capacity.

     (a)   As used in W.S. 7-13-901 through 7-13-903:

          (i) "Court" means the district court which has
sentenced a convict to punishment of death;

          (ii) "Designated examiner" means a licensed
psychiatrist or the combination of a licensed physician and a
licensed psychologist who act in concert;

          (iii) "Facility" means the Wyoming state hospital or
other facility designated by the court which can adequately
provide for the security, examination or treatment of the
convict;

          (iv) "Custodian" means the sheriff, warden, or head
of any facility in which the convict is being held pending
execution of the death sentence;

          (v) "Requisite mental capacity" means the ability to
understand the nature of the death penalty and the reasons it
was imposed.

     (b) If it appears to any custodian or other interested
person that any convict sentenced to the punishment of death
does not have the requisite mental capacity, the custodian or
interested person shall immediately give notice in writing to
the court.

     (c) Notice to the court under subsection (b) of this
section shall be detailed and accompanied by all psychiatric or
psychological reports or evaluations made of the convict since
the imposition of the death sentence.

Notes of Decisions

Cited in 11 cases, 1983–2000 · leading case: Ford v. Wainwright, 477 U.S. 399 (1986).

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Ford v. Wainwright, 477 U.S. 399 (1986). · cites it 4× “Correc. Law § 656 (McKinney Supp. 1986); N. C.”

Van Tran v. State, 6 S.W.3d 257 (Tenn. 1999). · cites it 4× “1999); Wyo. Stat. §§ 7-13-901 to -903 (Michie 1999).”

Hopkinson v. State, 664 P.2d 43 (Wyo. 1983). · cites it 2× “Affirmed with directions to the judge of the district court pronouncing the sentence of death to fix a new date therefor and for the taking of all necessary steps in connection therewith pursuant to the provisions of § 7-13-901 et seq., W.S. 1977. We provide, however, that the…”

Engberg v. State, 686 P.2d 541 (Wyo. 1984). · cites it 2× “The case is remanded to the district court with directions to the judge of the district court pronouncing the sentence of death to fix a new date therefor and for the taking of all necessary steps in connection therewith pursuant to the provisions of §§ 7-13-901, et seq.”

In Re Heidnik, 720 A.2d 1016 (Pa. 1998). · cites it 2× “27, § 75A(c)(1)(1997)(petition may be filed by the inmate, counsel for the inmate, or any other person on the inmate's behalf); Wyo. Stat. § 7-13-901 (b)(1997)(custodian [sheriff, warden, or head of facility in which convict is being held] or other interested person).”

State v. Perry, 610 So. 2d 746 (La. 1992). “§ 31-14-4 to 31-14-7 (1984); N.Y.Correct.Law §§ 655-57 (McKinney 1987); Ohio Rev.”

Osborn v. State, 672 P.2d 777 (Wyo. 1983). “Affirmed as to all sentences with directions to the judge of the district court pronouncing the sentence of death to fix a new date therefor and for the taking of all necessary steps in connection therewith pursuant to the provisions of § 7-13-901, et seq., W.S.1977. We provide,…”

Provenzano v. State, 760 So. 2d 137 (Fla. 2000). “2000); Wyo. Stat. Ann. § 7-13-901 (a)(v) (Michie 1999).”

Coe v. Bell, 89 F. Supp. 2d 922 (M.D. Tenn. 2000). “Law § 656 (“lacks the mental capacity to understand the nature and effect of the death penalty and why it is to be carried out”); Ohio Rev.”

Ford ex rel. Ford v. Wainwright, 752 F.2d 526 (11th Cir. 1985). “§ 77-19-13 (1982); Wyo.Stat. § 7-13-901 et seq. (Cum.Supp.1984).”

Heck Van Tran v. State of TN (Tenn. 1999). “1999); Wyo. Stat. § 7-13-901(a)(v) (Michie 1999).”

— Wyo. Stat. § 7-13-901(a)(v) — 2 cases

Van Tran v. State, 6 S.W.3d 257 (Tenn. 1999). “1999); Wyo. Stat. §§ 7-13-901 to -903 (Michie 1999).”

Heck Van Tran v. State of TN (Tenn. 1999). “1999); Wyo. Stat. § 7-13-901(a)(v) (Michie 1999).”

— Wyo. Stat. § 7-13-901(b)(1997) — 1 case

In Re Heidnik, 720 A.2d 1016 (Pa. 1998). “27, § 75A(c)(1)(1997)(petition may be filed by the inmate, counsel for the inmate, or any other person on the inmate's behalf); Wyo. Stat. § 7-13-901 (b)(1997)(custodian [sheriff, warden, or head of facility in which convict is being held] or other interested person).”

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