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Wyoming

Wyoming Supreme Court
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Ribera v. Ribera — Wyoming Supreme Court Affirms Divorce Decree on Custody, Property Division, and Rule 35 Motion

The Wyoming Supreme Court affirmed a Park County divorce decree awarding Mother primary custody and $624,500 in equitable distribution, holding that Father’s W.R.C.P. 35 motion for psychological evaluations was untimely and lacked good cause, that the district court properly reached assets Father transferred to his nonprofit during the proceedings under the badges-of-fraud doctrine from Breitenstine, and that Father was barred by invited error from challenging the shared custody arrangement for the family dog.

Wyoming Supreme Court
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In re: AC and BI — Juvenile Court’s Mid-Hearing Cure Satisfies Due Process When Pro Se Parent Declines Opportunity to Cross-Examine

The Wyoming Supreme Court affirmed a child neglect adjudication under plain-error review, holding that a juvenile court’s failure to invite a pro se mother to present opening and closing statements or to cross-examine witnesses was cured mid-hearing when the court three times offered her the opportunity to recall and question any witness—an opportunity she declined.

Wyoming Supreme Court
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Courtney v. Meyer — Safety Rule Violations Without Particularized Knowledge of Harm Do Not Establish Co-Employee Willful and Wanton Misconduct

The Wyoming Supreme Court affirmed summary judgment for a garbage-truck co-employee whose activation of lift arms—from the passenger seat, without seeing where his injured colleague was standing—caused serious hand injuries, holding that multiple safety-rule violations and a poor post-accident response do not establish the particularized knowledge of highly probable harm required to pierce co-employee immunity under the Wyoming Worker’s Compensation Act.

Wyoming Supreme Court
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Hughes v. State — Plea Agreement “Sentencing Cap” Is a Non-Binding Recommendation, Not a Stipulated Sentence Under W.R.Cr.P. 11(e)(1)(C)

The Wyoming Supreme Court unanimously affirmed consecutive sentences for a former Casper police officer who pleaded guilty to five counts of aggravated assault and battery following a prolonged armed standoff, holding that a plea agreement capping the State’s “sentencing argument” was a non-binding recommendation under W.R.Cr.P. 11(e)(1)(B)—not a stipulated sentence under 11(e)(1)(C)—and that Wyoming district courts need not make specific findings when deviating from a sentencing recommendation.

Wyoming Supreme Court
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In re AC and BI — Wyoming Supreme Court Affirms Neglect Finding, Upholds Admission of Post-Removal Hair Follicle Tests

The Wyoming Supreme Court affirmed a juvenile court’s finding that Father neglected his two minor children, holding the court did not abuse its discretion in admitting hair follicle test results collected after the date of alleged neglect, because the tests covered the relevant period and any challenge to their probative force went to weight rather than admissibility.

Wyoming Supreme Court
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Mostaert v. State — Wyoming Supreme Court Affirms Denial of Post-Conviction Motion to Return Seized Property

The Wyoming Supreme Court affirmed a district court’s denial of a convicted shoplifter’s Rule 41(g) motion for return of seized property, holding that the State overcame the post-conviction presumption favoring return by presenting credible testimony that the items were likely stolen—and clarifying Wyoming’s burden-shifting framework for such motions for the first time in the context of alleged stolen property.

Wyoming Supreme Court
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Lewis v. Wolfe — Quiet Title Decree Naming “Husband and Wife” Creates Tenancy by Entirety Under Longstanding Wyoming Common Law

The Wyoming Supreme Court affirmed dismissal of a daughter’s declaratory judgment action seeking to establish that her late father’s interest in real property passed to his estate rather than to her mother by survivorship. The court held that a 2012 quiet title decree identifying the parents as “Husband and Wife” created a tenancy by the entirety under longstanding Wyoming common law, and that the 2023 codification of that presumption in Wyoming Statute § 34-1-140(b) merely clarified — rather than changed — pre-existing law.

Wyoming Supreme Court
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Moran v. Meadowlark Academy — Conservator Who Waited 190 Days to Answer Counterclaims Cannot Set Aside Default Without Articulating Rule 60(b) Grounds

The Wyoming Supreme Court affirmed a default judgment entered against a conservator who waited 190 days to answer counterclaims and then failed to move to set aside the default with any citation to W.R.C.P. 55(c) or 60(b), failed to identify a Rule 60(b) justification, and failed to address the three-factor good cause test. A vague oral request to set aside default, unsupported by legal authority, does not satisfy the moving party’s burden.

Wyoming Supreme Court
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Smerski v. Lemon — Wyoming Supreme Court Reverses Divorce Decree That Misread Postnuptial Agreement on Retirement Account Division

The Wyoming Supreme Court reversed a divorce decree that treated all retirement accounts listed in postnuptial agreement exhibits as entirely separate property. The court held that the agreement’s express exclusion of retirement accounts from its “separate property” definition, combined with Paragraph 5(g)’s specific formula dividing pre- and post-June 2017 contributions, required the district court to apply the formula to the listed accounts as well.

Wyoming Supreme Court
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Manders v. State — Castle Doctrine Presumptions Do Not Extend to Driveway or Yard; Self-Defense Immunity Denied Where Victim Was Never Entering the Home

The Wyoming Supreme Court affirmed the denial of self-defense immunity to a man who shot and killed his neighbor during a dispute over property boundaries, holding that Wyoming’s castle doctrine presumptions under § 6-2-602(b) and (d) do not extend to outdoor areas such as driveways, and that a defendant’s subjective belief that an intruder was about to enter his home — without objective corroboration — is insufficient to trigger the statutory presumptions.

Wyoming Supreme Court
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Causey v. Causey — Post-Majority Support Denied Where Physically Disabled Adult Child Earns SSDI and Plans College Despite Ongoing Medical Needs

The Wyoming Supreme Court affirmed the district court’s denial of post-majority parental support for a physically disabled adult child. Although Son was found to be physically disabled, the court held the evidence supported the finding that he was capable of self-support where he received SSDI, performed daily living activities independently, and planned to pursue college on a merit scholarship.

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