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Wyoming

Wyoming Supreme Court
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Marler v. State — Wyoming Supreme Court Affirms Sexual Abuse Convictions, Upholds Broad Rule 404(b) Admission of Grooming and Discipline Evidence

The Wyoming Supreme Court affirmed Steven Randall Marler’s convictions on eight counts of sexual abuse and six counts of battery against children in his care, holding that the district court properly admitted broad Rule 404(b) “other acts” evidence of grooming rituals and a fear-based disciplinary regimen, that a victim’s collateral lie to a jail guard was excludable without violating the Confrontation Clause, that a rule-of-completeness claim was waived by failure to make an offer of proof, and that brief prosecutorial questioning about a victim’s father’s suicide did not constitute plain-error misconduct.

Wyoming Supreme Court
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Keller & Cruz v. Wyoming DFS — Section 14-2-309(a)(v) Requires No Reunification Efforts Finding, and DFS Procedural Gaps Do Not Defeat Termination Unless They Impair a Parent’s Fundamental Rights

The Wyoming Supreme Court affirmed the termination of both parents’ parental rights to three children under Wyo. Stat. Ann. § 14-2-309(a)(v), holding that the statute—requiring only that the child has been in foster care for 15 of the past 22 months and that the parent is unfit—does not impose a reasonable-reunification-efforts requirement; that DFS’s documentation gaps did not reach the structural failure level required by MB; and that clear and convincing evidence of parental unfitness supported the district court’s termination order.

Wyoming Supreme Court
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Dykes Estate v. Hutton — District Court May Implicitly Deny Rule 37 Sanctions When No OSC Hearing Preceded the Motion and Bench Trial Evidence Refutes Alleged Noncompliance

The Wyoming Supreme Court affirmed a bench-trial judgment for Katya Hutton against the Estate of Robert P. Dykes, holding the district court did not abuse its discretion in implicitly denying Rule 37 sanctions—no prior order-to-show-cause hearing had been sought, the Estate declined an offered continuance, and trial testimony confirmed Hutton had produced everything in her possession—and that the court did not clearly err in finding the Estate failed to prove Hutton misappropriated condo rental income where the Marriott records it relied on were demonstrably unreliable.

Wyoming Supreme Court
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Smith v. Wyoming — Premature Willfulness Finding in Probation Revocation Adjudicatory Phase Is Error, But Not Plain Error Without Material Prejudice

The Wyoming Supreme Court affirmed a probation revocation, holding that the district court erred by determining willfulness during the adjudicatory phase rather than the dispositional phase—a clear violation of Wyoming’s two-part revocation framework—but that the error did not constitute plain error because Smith suffered no material prejudice: he presented his willfulness arguments before the court’s finding and again at disposition, and an independently established, uncontested violation independently supported revocation.

Wyoming Supreme Court
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Campbell v. State — Totality of Circumstances, Not Paragraph-by-Paragraph Scrutiny, Controls Probable Cause Review

The Wyoming Supreme Court unanimously affirmed the denial of Christopher Campbell’s motion to suppress evidence seized from his Evanston residence, holding that Deputy Barker’s search-warrant affidavit established probable cause under the totality-of-circumstances test. The court rejected Campbell’s paragraph-by-paragraph critique of the affidavit as methodologically improper: Wyoming law requires courts to evaluate the affidavit as a whole, not in piecemeal fashion. Viewed in its totality, a convergence of circumstantial links—a matching U-Haul seen at the residence, receipts tying an associate to both the truck and the address, Arizona connections shared by the stolen vehicle and the occupants, and matching tire tracks—established the required nexus between the evidence sought and the place to be searched.

Wyoming Supreme Court
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Warren Livestock v. Albany County — Supreme Court Upholds Aquifer Protection Overlay Zone and Extends Arbitrary-and-Capricious Review to All Agency Rulemaking

The Wyoming Supreme Court affirmed Albany County’s 2023 amendments to its Aquifer Protection Overlay Zone — including a 35-acre minimum lot size within the Casper Aquifer recharge area — holding that counties may use general zoning authority under Wyo. Stat. Ann. § 18-5-201 to protect groundwater without displacing WDEQ’s water quality jurisdiction. The court also established, for the first time in a published Wyoming opinion, that the arbitrary and capricious standard of review applies to all agency legislative action (rulemaking) under WAPA, resolving a gap left open by Bienz v. Board of County Commissioners, 2024 WY 102. Justice Hill dissented on authority, arguing the EQA grants WDEQ exclusive jurisdiction over water quality regulation.

Wyoming Supreme Court
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Cross v. Albright — Mediated Settlement Email Unenforceable Where Parties Never Agreed on Mechanism for Ditch Access or Storage Restriction

The Wyoming Supreme Court affirmed a finding that a mediated settlement email was unenforceable because the parties never agreed on whether ditch access would be implemented through an easement, license, or other interest and never specified whether a storage restriction would run with the land or remain a personal obligation, leaving essential terms undefined and creating at most an agreement to agree.

Wyoming Supreme Court
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Allen v. State — Guilty Plea Does Not Waive Challenge to Court-Ordered Asset Sale Securing Public Defender Fees

The Wyoming Supreme Court reversed and remanded a criminal case in which the district court ordered the defendant to sell a vehicle and deposit the proceeds as a condition of maintaining his public defender appointment. The court held that the subsequent guilty plea did not waive the challenge because the issue was unrelated to guilt or conviction, and that the district court exceeded its statutory authority under Wyoming’s public defender reimbursement statute by compelling a pre-sentencing forced asset liquidation.

Wyoming Supreme Court
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In the Interest of RCR — Wyoming Boys’ School Cannot Hold Alleged Delinquents Before Adjudication

The Wyoming Supreme Court reversed a contempt order against the Wyoming Boys’ School for refusing to admit an alleged delinquent juvenile before adjudication. The court held that Wyoming law expressly prohibits pre-adjudication placement at WBS, which is a reformatory for adjudicated delinquents — not a juvenile detention facility — and that the juvenile court abused its discretion by ordering such placement. All three exceptions to the mootness doctrine applied, allowing the court to reach the merits despite the case having been resolved below.

Wyoming Supreme Court
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Idler — Divorce Appeal Summarily Affirmed Where Counsel’s Briefs Lacked Cogent Argument

The Wyoming Supreme Court summarily affirmed a divorce decree granting Mother sole custody of ten children and assigning nearly all marital debt to incarcerated Father, holding that Father’s nine-issue opening brief contained no cogent argument — just general legal principles with no case-specific analysis — and that his reply brief improperly raised four new issues while failing to respond to Mother’s arguments. Attorney fees under W.R.A.P. 10.05 were declined as a matter of discretion, but costs were awarded.

Wyoming Supreme Court
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McDonald v. State — Wyoming Supreme Court Upholds Denial of Workers’ Compensation Benefits for Depakote-Induced Pancreatitis

The Wyoming Supreme Court affirmed the Medical Commission’s denial of workers’ compensation benefits to a claimant who developed pancreatitis after a Depakote dosage increase prescribed for migraines caused by his 2014 compensable head injury, holding that a numerical majority of supporting experts does not satisfy the preponderance-of-the-evidence standard and that the Commission acted within its discretion in rejecting an expert’s causation opinion premised on a dosing timeline contradicted by the claimant’s own testimony.

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