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Decision Date

November 19, 2008
Craig Beyer appeals the denial of his motion to correct an illegal sentence. We affirm... ISSUE... Mr. Beyer presents a single issue:... Did the district court abuse its discretion and impose an illegal sentence when it denied the Appellant credit for time served on probation in a court-ordered drug treatment program?... FACTS... On July 26, 2002, the State filed an information charging Mr. Beyer with one count of felony child abuse in violation of Wyo. Stat. Ann. § 6-2-503(b)(i)...  
November 18, 2008
[¶1] Appellant Phillip Wolf requests relief from the district court's grant of summary judgment to Appellee Larry Allen. Appellant contends that the district court abused its discretion when it deemed certain facts to have been admitted because of Appellant's failure timely to respond to requests for admission. Finding no abuse of discretion, we affirm... ISSUES... [¶2] The parties have agreed to state the issue as follows: "Should relief be afforded [Appellant] under W.R.C.P....  
November 14, 2008
[¶1]This matter came before the Court upon a "Petition for Writ of Review, or in the Alternative, Petition for Writ of Certiorari" and "Petitioner's Motion for Stay of Execution," both filed herein October 24, 2008. After a careful review of the petition, the motion for stay, the State of Wyoming's "Response to Petition for Writ of Review or Writ of Certiorari and Motion for Amended Warrant of Execution," and the State of Wyoming's "Response to Petitioner's...  
November 14, 2008
[¶1] A jury awarded Hladky Construction, Inc. (HCI) damages in the amount of $1,125,436.77 against the City of Gillette (City) for breach of the implied covenant of good faith and fair dealing. The district court entered judgment on the verdict and, subsequently, awarded HCI attorney fees and costs pursuant to the parties' contract... [¶2] In its first appeal, the City claims HCI did not comply with the Wyoming Governmental Claims Act in presenting its notice of claim and, therefore,...  
November 14, 2008
[¶1] In divorce proceedings ending the marriage between Amy Jean Buttle (Mother) and Joshua John Buttle (Father), the district court ordered that Mother should have primary physical custody for decision making purposes but then determined the parties should share physical custody of their four-year-old child, meaning each parent would have custody 50 percent of the time. The district court declined to make a finding concerning Mother's allegations of spousal abuse. Mother appeals, claiming...  
November 13, 2008
[¶1] A jury found the appellant guilty of unlawful delivery of methamphetamine, a felony. He was sentenced to imprisonment for a period of five to ten years. His motion for a new trial was later denied, and he appealed both the judgment and sentence and denial of the motion. We consolidated those appeals... [¶2] We reverse and remand for a new trial because of prosecutorial misconduct... ISSUES... [¶3] The appellant raises two allegations against the State, one of prosecutorial...  
November 10, 2008
[¶1] In their divorce proceedings, James and Kelly Wunsch,1 joint owners and operators of a financial services business, executed a property settlement agreement (agreement), later fully incorporated into their divorce decree, that included a provision that they would share equally fees earned on joint client accounts, and that if Mr. Wunsch replaced any such account, then they would share equally fees on the replaced account "until such time as KELLY has received in fees an amount...  
October 23, 2008
[¶1] Appellant Phyllis A. Drury requests that we overturn her conviction because she claims that a witness inappropriately vouched for the credibility of other witnesses and impermissibly commented on Appellant's credibility during her trial. Appellant also claims that the district court committed reversible error when it failed to suppress statements regarding taped interviews with law enforcement because the tapes of those interviews were destroyed and were not available to the defense...  
October 22, 2008
[¶1] A breach of contract claim between Appellant, James Stafford d/b/a Evergreen Tree Care (Evergreen), and JHL, Inc., d/b/a/ Jackson Hole Landscaping (JHL) was tried before a jury. Subsequently, Evergreen sought an award for attorneys' fees pursuant to a contract provision. The district court denied the request for attorneys' fees for the following reasons: 1) the statements for fees were not properly itemized; 2) it was unclear who the prevailing party was; and 3) neither party had...  
October 22, 2008
[¶1] On May 2, 2006, Appellee, William J. Garwood (Mr. Garwood), initiated this lawsuit in order to have the district court direct the Appellants, who are the Trustees of the W. J. Garwood and Mildred E. Garwood Trust (Family Trust), to pay to him a sum of money sufficient to provide for his support in the manner to which he was accustomed. The Appellants are two of his three children, Carol Jones and Orlan Garwood. Judy Kechter was named as a defendant below because she is a Trustee, but...  
October 15, 2008
[¶1] Appellants Tracy L. Ringolsby and Jane E. Swanhorst appeal from the district court's order denying their claim for attorneys' fees. We conclude that Appellants are not entitled to attorneys' fees due to a failure of proof. We affirm... ISSUES... [¶2] Appellants presented one issue for review as follows:... Whether the trial court abused its discretion by ruling that Appellants did not meet their burden of proving the reasonableness of their attorneys' fees where Appellants...  
October 13, 2008
[¶1] The City of Douglas (City) did not approve a subdivision proposed by Appellants Richard and Celeste Gose (the Goses). The Goses filed a complaint seeking money damages from the City, based on a claim of inverse condemnation. The district court dismissed the damages claim, with prejudice, because, among other reasons, the Goses' complaint did not allege that their notice of governmental claim complied with the certification and signature requirements contained in Wyo. Const. art. 16,...  
October 10, 2008
[¶1] Rodney Alloway, pro se, appeals from the district court's order granting summary judgment in favor of RT Capital, Inc. (RT Capital) on an outstanding credit card account balance. He claims that RT Capital's summary judgment submissions were insufficient. We affirm... ISSUE... [¶2] Both parties present the same simply stated issue on appeal:... Did the court improperly grant summary judgment?... FACTS... [¶3] In January 2007, RT Capital filed a complaint against Mr. Alloway,...  
October 10, 2008
[¶1] Appellant, Trent Breon Dean (Mr. Dean), was convicted of committing a third or subsequent battery against a household member, in violation of Wyo. Stat. Ann. § 6-2-501(b) and (f)(ii) (LexisNexis 2007).1 This battery was committed upon his wife and it was a third or subsequent offense of such a crime by Mr. Dean (although the prior offenses included victims other than his wife, Mrs. Dean was the subject to at least 5 documented prior domestic violence incidents). By Judgment and...  
October 10, 2008
[¶1] Carl L. Baldwin (Baldwin) suffered a work-related injury and temporary total disability benefits were approved. After receiving a permanent partial impairment rating, Baldwin applied for permanent partial disability (PPD) benefits.1 The Workers' Safety and Compensation Division (the Division) denied benefits on the ground that he could return to his previous employment. A contested case hearing was held, after which the hearing examiner reversed the Division's decision and awarded...  
October 9, 2008
[¶1] Dawson A. Reece challenges his probation revocation, stating that the terms of his probation failed to specify the required, and the prohibited, conduct, and that the district court did not make adequate findings to justify the revocation. On appeal, we affirm... ISSUES... [¶2] Reece presents two issues for review:... 1. WERE [REECE]'S DUE PROCESS RIGHTS VIOLATED BY THE NON-SPECIFICITY OF THE TERMS OF HIS PROBATION AND A FAILURE TO ADVISE HIM OF THE CONDUCT THAT WAS REQUIRED AND...  
October 9, 2008
[¶1] General contractor Catamount Construction (Catamount) filed suit against several of its subcontractors, alleging defective work on a house in Cheyenne. The subcontractors filed motions to dismiss, asserting that Catamount had no standing to maintain its suit because it was defunct as the result of bankruptcy. The district court granted the subcontractors' motions. On appeal, we conclude that corporate existence is a matter of state law and, under Wyoming law, a dissolved corporation...  
October 8, 2008
[¶1] Sally Jo Granzer challenges her conviction for endangering a child by knowingly and willfully allowing her to enter and remain in a dwelling where Ms. Granzer knew methamphetamine was stored. She argues that the jury was not instructed properly on the "enter" element of the crime and that there was insufficient evidence that methamphetamine was stored in the dwelling. We conclude that Ms. Granzer is entitled to a new trial because the jury was instructed improperly and she was...  
October 8, 2008
[¶1] This matter came before the Court upon a "Motion to Dismiss Appeal," filed herein September 9, 2008, by the State of Wyoming, Department of Family Services. After a careful review of the motion, the Brief of Appellant, and the file, this Court finds that the motion to dismiss this appeal should be granted. In reaching this conclusion, the Court finds and concludes as follows:... 1. On or about July 30, 2007, there was filed, on Appellant's behalf, a Petition to Modify Child...  
October 7, 2008
[¶1] This is an appeal from the district court's affirmance of an Order of the Office of Administrative Hearings (OAH) denying the appellant's claim for worker's compensation benefits. We will affirm because the decision of the hearing examiner was not unsupported by substantial evidence... ISSUES... [¶2] 1. Did the appellant fail timely to report an injury to his employer and fail timely to report an injury to the Wyoming Workers' Safety and Compensation Division?... 2. Was the...  
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