Wyo. Stat. » Wyo. Stat. / Title 07 - Criminal Procedure / Chapter 14 - REMEDY FOR VIOLATION OF CONSTITUTIONAL RIGHTS / Article 18 - PROBATION AND PAROLE INCENTIVES AND SANCTIONS
Wyoming Statutes

Wyo. Stat. § 7-14-104 (2026)

No right to appointed counsel.

✓ current as of May 2026
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(a)   Repealed by Laws 1990, ch. 95, § 2.

     (b)   Repealed by Laws 1990, ch. 95, § 2.

     (c) An indigent petitioner seeking relief under this act
is not entitled to representation by the state public defender
or by appointed counsel.
Notes of Decisions
Cited in 13 cases, 1985–2005 · leading case: Alberts v. State, 745 P.2d 898 (Wyo. 1987).
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Alberts v. State, 745 P.2d 898 (Wyo. 1987). · cites it 34× “Alberts claims that, under the specific terms of § 7-14-104, W.S. 1977, [1] he was entitled to court-appointed counsel upon the instigation of post-conviction relief proceedings.”
Long v. State, 745 P.2d 547 (Wyo. 1987). · cites it 28× “" Section 7-14-104, W.S. 1977. That statute, amended in the 1987 code, now states: "If requested in the petition, the court, subject to the provisions of W.”
Aden v. State, 761 P.2d 88 (Wyo. 1988). · cites it 20× “Section 7-14-104, W.S. 1977 (June 1987 Repl.”
Cutbirth v. State, 751 P.2d 1257 (Wyo. 1988). · cites it 4× “He did not encompass in his petition, nor in his amended petition, the allegations alluded to in § 7-14-104, W.S. 1977. The only reference to his desire for counsel appeared in a pleading styled "In Answer to Respondent's Motion to Dismiss" which was not verified.”
Bibbins v. State, 741 P.2d 115 (Wyo. 1987). · cites it 8× “Section 7-14-104 provides in part: "* * * If the petitioner is without counsel and alleges that he is without means to procure counsel, he shall state whether or not he wishes counsel to be appointed to represent him.”
Fondren v. State, 749 P.2d 767 (Wyo. 1988). · cites it 6× “Additionally, in review of the original trial petition, it is discerned that the defendant (1) was without significant funds or assets when the offense occurred; (2) was granted public defender representation for trial and appeal; and (3) would unlikely be sufficiently funded…”
State Ex Rel. Hopkinson v. Dist. Court, Teton Cnty., 696 P.2d 54 (Wyo. 1985). · cites it 2× “Section 7-14-104, W.S., provides for appointment of an attorney to represent a poor person seeking post-conviction relief.”
Keats v. State, 2005 WY 81 (Wyo. 2005). · cites it 2× “If it is found that the person is mentally ill, a court has the authority to order the least restrictive and most therapeutic alternative to deal with the problem.”
Schuler v. State, 771 P.2d 1217 (Wyo. 1989). · cites it 4× “Although Section 7-14-104, W.S. 1977 states that the court shall appoint counsel if satisfied petitioner has no means to procure counsel, this statute must be read in pari materia with Section 7-1-110, W.”
Amin v. State, 774 P.2d 597 (Wyo. 1989). · cites it 2× “The state filed a motion to dismiss on March 2, 1987, and Amin responded to that motion by filing his own motion to amend his petition under W.S. 7-14-104 (1977). The district court responded to these motions by appointing counsel for Amin and withholding a ruling on the state's…”
Martin v. State, 780 P.2d 1354 (Wyo. 1989). · cites it 2× “46 enactment of a substitute section for W.S. 7-14-104. The effective effort was to reverse Fondren, 749 P.”
Smizer v. State, 763 P.2d 1254 (Wyo. 1988). “W.S. 7-14-104 provides the basis for both the district court and this court to grant motions for appointment of counsel in post-conviction matters.”
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