Justia Criminal Law Opinion Summaries

Between October 31, 2022, and February 9, 2023, several burglaries occurred in Sheridan County, Wyoming. Surveillance videos captured a suspect wearing a beanie, facemask, and hooded sweatshirt or silver puffer jacket, often holding a flashlight and leaving distinctive footprints. By mid-February 2023, the Sheridan County Sheriff’s office identified William Corey Holliday as a suspect. A search of his residence and vehicle revealed clothing and shoes matching those seen in the videos, and stolen items from the burglaries. Holliday was charged with 20 counts of burglary, later amended to 23 counts.The District Court of Sheridan County held a six-day trial beginning November 3, 2023. Approximately 50 witnesses testified. During the trial, the prosecutor referred to the person in the surveillance videos as “the Defendant” while questioning two witnesses. Defense counsel objected to one instance, and the court sustained the objection. The prosecutor later acknowledged the inadvertent use of the term and the court issued a curative instruction to the jury, emphasizing that the identity of the person in the videos was for the jury to decide. The jury found Holliday guilty of 15 counts and not guilty of 3 counts. He was sentenced to 5 to 10 years in prison for each count, to be served concurrently.The Supreme Court of Wyoming reviewed the case. Holliday argued that the prosecutor committed misconduct by vouching for the element of identity. The court held that while the prosecutor’s references were improper, they did not amount to prosecutorial misconduct. The court found that the overwhelming evidence against Holliday and the district court’s curative instructions mitigated any potential prejudice. The court affirmed Holliday’s convictions. View "Holliday v. The State of Wyoming" on Justia Law

Tirso Munguia pleaded guilty to involuntary manslaughter under a plea agreement where the State agreed to recommend an eight to twelve-year sentence. However, after Munguia violated his bond conditions by contacting the victim's family, the State argued for the maximum sentence, and the court imposed a fifteen to twenty-year sentence. Munguia appealed, claiming the court abused its discretion in revoking his bond and that the State violated the plea agreement.The District Court of Laramie County initially accepted Munguia's guilty plea and the plea agreement, which included a "cold plea" provision allowing the State to withdraw its sentencing recommendation if Munguia violated any bond conditions. After Munguia's bond was modified to prohibit contact with the victim's family, the State filed a petition to revoke his bond, alleging such contact. The district court found clear and convincing evidence of the bond violation and revoked his bond, placing him on house arrest. At sentencing, the State argued for the maximum sentence due to the bond violation, and the court sentenced Munguia to fifteen to twenty years.The Wyoming Supreme Court reviewed the case and affirmed the lower court's decisions. The court held that the district court did not abuse its discretion in finding that Munguia violated his bond conditions, as the evidence supported the conclusion that he knowingly contacted the victim's family. The court also held that the State did not breach the plea agreement by arguing for a harsher sentence after the bond violation, as the "cold plea" provision explicitly allowed for this. The court found no error in the district court's decisions and affirmed the sentence. View "Munguia v. The State of Wyoming" on Justia Law

Brandon Serini was arrested by Officer Nathaniel Lucero of the Cheyenne Police Department after it was confirmed that Serini had an outstanding warrant for his arrest. At the time of his arrest, Serini was in possession of a backpack, which was seized by the officers. The backpack was later searched at the police department, where methamphetamine was found. Serini was charged with felony possession of methamphetamine and filed a motion to suppress the evidence obtained from the search of his backpack, arguing that the search was unreasonable and violated the Fourth Amendment.The District Court of Laramie County denied Serini's motion to suppress, finding that the officers acted in good faith and in accordance with the Cheyenne Police Department’s standardized policy when they seized and conducted an inventory search of the backpack. The court held that the seizure and search were permissible under the community caretaker function and the inventory search exception to the warrant requirement.The Wyoming Supreme Court reviewed the case and affirmed the district court’s decision. The court held that the seizure and search of Serini’s backpack were reasonable and did not violate the Fourth Amendment. The court found that the officers did not act in bad faith or with a pretextual purpose to investigate further. Instead, they followed standardized procedures to safeguard Serini’s property, especially considering his homeless status. The court concluded that the inventory search was conducted in accordance with the police department’s policy and was a valid exception to the warrant requirement. The decision of the district court to deny the motion to suppress was affirmed. View "Serini v. The State of Wyoming" on Justia Law

George Kevin Dickerson was convicted by a jury of second-degree murder and attempted second-degree murder. The case arose from an incident on January 8, 2023, when Dickerson called 911 and confessed to killing his mother-in-law, Rose Dennis, and her husband, Andy Martin, with a kitchen knife. Police found Martin dead and Dennis severely injured. Dickerson claimed that an accidental overdose of his antidepressant medication, venlafaxine, caused a violent outburst and a disconnect from reality, leading to his actions.The District Court of Natrona County oversaw the initial trial. Dickerson entered pleas of not guilty and not guilty by reason of mental illness or deficiency (NGMI). The court ordered a mental examination, which concluded that Dickerson did not have a mental illness or deficiency that would absolve him of criminal responsibility. The court also admitted evidence of a prior statement by Dickerson about provoking Martin to facilitate moving Dennis to an assisted living facility, following a Gleason hearing.The Supreme Court of Wyoming reviewed the case. Dickerson appealed, arguing that the district court erred in its jury instructions regarding his NGMI plea and the inference of malice from the use of a deadly weapon. He also contended that the court abused its discretion in admitting his prior statement about Martin. The Supreme Court found no plain error in the jury instructions, noting that the NGMI instruction allowed the jury to consider whether Dickerson’s overdose was involuntary. The court also upheld the instruction on inferring malice from the use of a deadly weapon, citing precedent. Additionally, the court found no abuse of discretion in admitting the prior statement, as the district court had carefully considered its relevance and potential for unfair prejudice.The Supreme Court of Wyoming affirmed Dickerson’s convictions. View "Dickerson v. State" on Justia Law

Glenn Tyrone Green entered Joel Ingwerson’s residence without invitation and threw liquid bleach in his face, accusing him of being with his wife. Mr. Green also struck Mr. Ingwerson with a BB gun and threatened him. Mr. Ingwerson experienced severe pain, burning sensations, and chemical irritation, leading him to seek medical attention. Mr. Green was charged with one count of unlawful contact and two counts of aggravated assault and battery with a deadly weapon, one related to the bleach and one to the BB gun. The State later dismissed the BB gun charge and amended the Information to include misdemeanor simple battery.Mr. Green pled guilty to aggravated assault and battery with a deadly weapon (bleach) under a plea agreement, which included a six-year sentencing cap. The district court accepted his plea after confirming a factual basis for the charge. Mr. Green later violated the plea agreement by not cooperating with the preparation of his Presentence Investigation Report (PSI), leading to his arrest and the State invoking the "cold plea" provision. The district court sentenced him to six to eight years in prison.The Wyoming Supreme Court reviewed the case, focusing on whether the district court committed plain error by accepting Mr. Green’s guilty plea without a sufficient factual basis that bleach is a deadly weapon. The court concluded that the district court did not err, as there was a sufficient factual basis to determine that bleach, in the manner used by Mr. Green, was reasonably capable of producing serious bodily injury. The court affirmed the district court’s decision, holding that the bleach constituted a deadly weapon under the circumstances of the case. View "Green v. State" on Justia Law

Cameron Curtis Hagen was a passenger in a vehicle stopped for a cracked windshield in Casper, Wyoming. During a search prompted by a canine alert, officers found controlled substances and a pistol. Hagen was charged with misdemeanor possession of marijuana, misdemeanor possession of methamphetamine, and being a felon in possession of a firearm. He initially pled not guilty but later entered no contest pleas to the drug and firearm charges as part of a plea agreement, with the State recommending concurrent sentences.The District Court of Converse County accepted Hagen's no contest pleas and ordered a Presentence Investigation Report (PSI). At sentencing, Hagen objected to details in the PSI's criminal history section, arguing they were improperly sourced from prior PSIs and police reports, contrary to the Wyoming Criminal History Record Act. The district court took his objections under advisement but did not strike the contested details, stating it would not consider them in determining his sentence. Hagen was sentenced to concurrent terms of six months and one to three years, consistent with the plea agreement.The Wyoming Supreme Court reviewed the case, focusing on whether the district court abused its discretion by not excising the contested details from the PSI. The court found that the Criminal Record Act did not prohibit the inclusion of information from prior PSIs or police reports in a PSI. The court also noted that Hagen did not dispute the accuracy of the information, only its source. The court held that the district court did not abuse its discretion, as it explicitly stated it would not consider the contested information in sentencing. The Wyoming Supreme Court affirmed the district court's decision. View "Hagen v. The State of Wyoming" on Justia Law

Edward Eugene Robertson pled guilty to second-degree murder after admitting to shooting his wife, Dana Robertson, because he was angry about her alleged infidelity. Before sentencing, he filed a motion to withdraw his guilty plea, which the district court denied. Robertson argued that the district court abused its discretion in denying his motion.The District Court of Natrona County initially charged Robertson with first-degree murder. After a competency evaluation and a period of restoration at the Wyoming State Hospital, he was found competent to proceed. Robertson entered a plea of not guilty by reason of mental illness (NGMI), but later requested a change of plea to guilty for second-degree murder. The court accepted his guilty plea after ensuring it was made knowingly and voluntarily.Robertson filed a motion to withdraw his guilty plea less than a month later, citing a change of mind and dissatisfaction with his representation. The district court held a hearing and denied the motion, finding no fair and just reason for withdrawal under W.R.Cr.P. 32(d). The court noted that Robertson had close assistance of counsel, his plea was knowing and voluntary, and his reasons for withdrawal were belated misgivings.The Wyoming Supreme Court reviewed the case and affirmed the district court's decision. The court applied the Frame factors to determine whether a fair and just reason existed for withdrawal. It found that Robertson did not assert his innocence credibly, had close assistance of counsel, and entered his plea knowingly and voluntarily. The court concluded that the district court did not abuse its discretion in denying Robertson's motion to withdraw his guilty plea. View "Robertson v. State" on Justia Law

A jury found Matthew Scott Iverson guilty of possessing and reproducing child pornography. The case arose when a housecleaner discovered a USB drive containing child pornography while preparing a rental property. The police investigation linked the USB drive and other electronic devices containing child pornography to Mr. Iverson. He was charged with five counts of sexual exploitation of children, including knowingly reproducing child pornography.The District Court of Laramie County instructed the jury on the elements of the crime but failed to include the mens rea element of "knowingly" reproducing child pornography. Mr. Iverson did not object to the jury instructions at trial. The jury found him guilty on all counts, and he was sentenced to eight to ten years in prison for reproducing child pornography and five to ten years for each possession charge, with all sentences running concurrently.The Supreme Court of Wyoming reviewed the case. The court acknowledged that the district court erred by not instructing the jury on the mens rea element. However, the court found that this error did not materially prejudice Mr. Iverson. The evidence presented at trial, including digital forensics and Mr. Iverson's own statements, overwhelmingly demonstrated that he knowingly reproduced child pornography. The court concluded that there was no reasonable probability that the jury would have reached a different verdict if properly instructed. Therefore, the Supreme Court of Wyoming affirmed the district court's judgment. View "Iverson v. State" on Justia Law

Richard Joey Garcia was convicted of possession with intent to deliver fentanyl. He appealed, arguing that the district court erred in denying his motions to suppress evidence obtained from a search of his camper and in summarily denying his motion for a new trial based on newly discovered evidence.The District Court of Fremont County denied Mr. Garcia’s motions to suppress, finding that the search warrant covered the camper and that the affidavit supporting the warrant did not contain material misrepresentations or omissions. The court also denied his motion for a new trial, which was based on potentially exculpatory evidence from Ms. Apadaca’s cell phone, without holding a hearing.The Wyoming Supreme Court reviewed the case. It affirmed the district court’s decision, holding that the search of the camper was within the scope of the warrant. The court found that the warrant and the supporting affidavit, when read together, clearly included the camper as a target of the search. The court also upheld the district court’s finding that there were no intentional or reckless misrepresentations or omissions in the affidavit that would have misled the issuing judge.Regarding the motion for a new trial, the Wyoming Supreme Court found that any error in the district court’s failure to hold a hearing was harmless. The court noted that Mr. Garcia’s motion did not meet the criteria for a new trial based on newly discovered evidence, as it did not allege that the evidence had come to his knowledge since the trial, was not due to a lack of due diligence, was material enough to produce a different verdict, or was not merely cumulative or for impeachment purposes.The Wyoming Supreme Court affirmed the district court’s rulings, upholding Mr. Garcia’s conviction and sentence. View "Garcia v. The State of Wyoming" on Justia Law

Samuel Nania was convicted by a jury of third-degree sexual assault. He appealed, arguing that the district court erred by excluding evidence of his polygraph examination during the trial. Nania contended that the district court should have analyzed the reliability of the polygraph examination before excluding it.The district court of Natrona County held a hearing on the State's motion in limine to exclude the polygraph evidence. The court granted the State's motion, ruling that polygraph testimony is inadmissible in Wyoming without a stipulation by the parties. Nania did not make a formal offer of proof regarding the polygraph results or the qualifications of the examiner, nor did he request a Daubert hearing to establish the reliability of the polygraph evidence.The Wyoming Supreme Court reviewed the case and upheld the district court's decision. The court noted that Nania failed to provide a sufficient record to review the polygraph results or the qualifications of the examiner. The court also emphasized that Wyoming precedent requires a stipulation for the admissibility of polygraph evidence and that Nania did not meet this requirement. Additionally, the court found that even if the district court had erred, Nania did not demonstrate that the exclusion of the polygraph evidence prejudiced the outcome of the trial. The court concluded that there was no reasonable probability that the verdict would have been more favorable to Nania had the polygraph evidence been admitted, given the substantial evidence against him, including his own admissions and witness testimonies.The Wyoming Supreme Court affirmed the district court's decision, holding that the exclusion of the polygraph evidence was not an abuse of discretion and did not result in prejudicial error. View "Nania v. The State of Wyoming" on Justia Law