Wyoming Statutes

Wyo. Stat. § 7-14-101 (2026)

Definition of "this act"; commencement and

✓ current as of May 2026

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conduct of proceedings.

     (a) As used in W.S. 7-14-101 through 7-14-108 "this act"
means W.S. 7-14-101 through 7-14-108.

     (b) Any person serving a felony sentence in a state penal
institution who asserts that in the proceedings which resulted
in his conviction or sentence there was a substantial denial of
his rights under the constitution of the United States or of the
state of Wyoming, or both, may institute proceedings under this
act. The proceeding shall be commenced by filing with the clerk
of the court where the conviction occurred a petition verified
by affidavit. A copy of the petition shall be served by the
inmate on the Wyoming attorney general by mail or by some other
method reasonably calculated to assure prompt and verifiable
service. The clerk shall docket the petition upon receipt and
bring it promptly to the attention of the court.

     (c) Unless otherwise inconsistent with the provisions of
this act, proceedings under this act shall be conducted pursuant
to the Wyoming Rules of Civil Procedure and the Wyoming Rules of
Evidence, except:

          (i) Any evidentiary hearing shall be conducted before
the court without a jury; and

          (ii) Rules 3, 4, 14, 22, 23, 24, 38, 39, 40.1, 42,
47, 48, 51, 55, 59 and 64 through 71.1 of the Wyoming Rules of
Civil Procedure shall not apply to proceedings under this act.

Notes of Decisions

Cited in 84 cases (3 in the last 5 years), 1979–2024 · leading case: Harlow v. State, 2005 WY 12 (Wyo. 2005).

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Harlow v. State, 2005 WY 12 (Wyo. 2005). · cites it 18× “Wyo. Stat. Ann. § 7-14-101 (Lexis Nexis 2003).”

Long v. State, 745 P.2d 547 (Wyo. 1987). · cites it 18× “and "(c) A needy person who is entitled to be represented by an attorney under subsection (a) of this section is entitled: * * * * * "(iii) To be represented in any post-conviction proceeding or appeal therefrom under W.S. 7-14-101 through 7-14-108 unless the court in which the…”

Bibbins v. State, 696 P.2d 1300 (Wyo. 1985). · cites it 20× “" On February 9, 1984, appellant filed a petition for post-conviction relief according to § 7-14-101, et seq., W.S. 1977. On February 14, 1984, the district court filed an order denying appellant the relief prayed for in his petition.”

State Ex Rel. Hopkinson v. Dist. Court, Teton Cnty., 696 P.2d 54 (Wyo. 1985). · cites it 9× “The latter procedure for post-conviction relief is provided by §§ 7-14-101 through 7-14-108, W.S. He explained in his petition that the consolidation and filing were made in the Ninth Judicial District “in order to facilitate the proceedings and promote judicial economy.”

Cutbirth v. State, 751 P.2d 1257 (Wyo. 1988). · cites it 8× “of Wyoming 1961, [7] now § 7-14-101, W.S. 1977, has continued past Title 7 renovation, through 1987 revision, essentially in its original form.”

Alberts v. State, 745 P.2d 898 (Wyo. 1987). · cites it 12× “However, § 7-6-104(c)(iii), [5] which is similar to former § 7-1-110, again states: "(c) A needy person who is entitled to be represented by an attorney under subsection (a) of this section is entitled: * * * * * * "(iii) To be represented in any post-conviction proceeding or…”

Whitney v. State, 745 P.2d 902 (Wyo. 1987). · cites it 10× “Section 7-14-101, W.S. 1977, allows post-conviction relief as follows: "Any person imprisoned in the penitentiary who asserts that in the proceedings which resulted in his conviction there was a substantial denial of his rights under the constitution of the United States or of…”

Pote v. State, 733 P.2d 1018 (Wyo. 1987). · cites it 6× “The statutes pertinent to this issue provide in part: "Any person imprisoned in the penitentiary who asserts that in the proceedings which resulted in his conviction there was a substantial denial of his rights under the constitution of the United States or of the state of…”

Schuler v. State, 771 P.2d 1217 (Wyo. 1989). · cites it 12× “On January 16, 1987, Schuler filed a pro se, prison library maintained form for post-conviction relief under W.S. 7-14-101, stating as his basis: 13. a) 1) Ground One: Defendant was sentenced under a statute which was repealed prior to the Wyoming Supreme Court's decision…”

Nixon v. State, 2002 WY 118 (Wyo. 2002). · cites it 4× “[¶ 11] Similarly, Wyoming statutes provide two additional avenues for presenting a challenge of a conviction to a district court: by way of the post-conviction relief statutes at Wyo. Stat. Ann. §§ 7-14-101 through 108, and state habeas corpus relief at Wyo.”

Johnson v. State, 592 P.2d 285 (Wyo. 1979). · cites it 6× “Appellant then filed his petition for post-conviction relief under § 7-14-101, W.S.1977 1 , and an order was thereafter entered denying the petition, whereupon Johnson has, once more, brought his appeal to this court.”

Sullivan v. State, 444 P.3d 1257 (Wyo. 2019). · cites it 4× “Wyo. Stat. Ann. §§ 7-14-101 to 108 (LexisNexis 2019).”

Show all 84 citing cases →

— Wyo. Stat. § 7-14-101(b) — 9 cases

Cutbirth v. State, 751 P.2d 1257 (Wyo. 1988). “of Wyoming 1961, [7] now § 7-14-101, W.S. 1977, has continued past Title 7 renovation, through 1987 revision, essentially in its original form.”

Alberts v. State, 745 P.2d 898 (Wyo. 1987). “However, § 7-6-104(c)(iii), [5] which is similar to former § 7-1-110, again states: "(c) A needy person who is entitled to be represented by an attorney under subsection (a) of this section is entitled: * * * * * * "(iii) To be represented in any post-conviction proceeding or…”

Long v. State, 745 P.2d 547 (Wyo. 1987). “and "(c) A needy person who is entitled to be represented by an attorney under subsection (a) of this section is entitled: * * * * * "(iii) To be represented in any post-conviction proceeding or appeal therefrom under W.S. 7-14-101 through 7-14-108 unless the court in which the…”

Hauck v. State, 162 P.3d 512 (Wyo. 2007).

Schreibvogel v. State, 269 P.3d 1098 (Wyo. 2012).

— Wyo. Stat. § 7-14-101(c) — 4 cases

Cutbirth v. State, 751 P.2d 1257 (Wyo. 1988). “of Wyoming 1961, [7] now § 7-14-101, W.S. 1977, has continued past Title 7 renovation, through 1987 revision, essentially in its original form.”

Fondren v. State, 749 P.2d 767 (Wyo. 1988).

Sullivan v. State, 444 P.3d 1257 (Wyo. 2019). “Wyo. Stat. Ann. §§ 7-14-101 to 108 (LexisNexis 2019).”

— Wyo. Stat. § 7-14-101(c)(i) — 1 case

Smizer v. State, 835 P.2d 334 (Wyo. 1992).

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