Archie G. McClintock

The case involved appellant Ralph R. Stogner, III's conviction for first-degree sexual assault after he forced the victim at gunpoint to a trailer where he committed multiple assaults. On appeal, Stogner challenged the trial court's refusal to admit testimony about the victim's alleged prior acts of prostitution from five or six years earlier, its denial of a continuance to develop additional evidence on that issue, and alleged prosecutorial misconduct in contacting a potential defense witness. The Wyoming Supreme Court affirmed the conviction, holding that the defense failed to comply with the ten-day advance motion and affidavit requirement of W.S. 6-4-312 for introducing evidence of a victim's prior sexual conduct, that the proffered testimony was not relevant and was more prejudicial than probative, that the defense had sufficient time to prepare without a continuance, and that any issues with the witness were immaterial once her testimony was excluded. The court applied an abuse-of-discretion standard to the evidentiary and continuance rulings and found no error in the handling of the prosecutorial-misconduct claim.

criminal lawprocedure

In Hartnett v. Jones, the plaintiff sought to enforce a preemptive right of first refusal contained in 1959 and 1960 contracts for the co-ownership and development of land in Casper, Wyoming, which bound the parties' heirs, personal representatives, and assigns. The district court ruled the right void as violating the rule against perpetuities, but the Wyoming Supreme Court held that the provision did not violate the rule or constitute an unreasonable restraint on alienation. The court nevertheless affirmed the judgment for the defendants on the ground that the plaintiff's long delay in bringing the action barred the claim under the doctrine of laches.

propertyprocedure

The case Board of County Commissioners v. Ridenour concerned the interpretation of the word 'person' in Wyoming Statute § 1-1-109(a), a provision addressing comparative liability in tort actions involving multiple parties. The Wyoming Supreme Court had previously ruled on the matter, leading to petitions for rehearing. The court denied rehearing, with the majority upholding its original decision while dissenting justices argued that the ruling created an inconsistent dual meaning for 'person'—individual for substantive liability purposes but plural for procedural jury instructions—which could confuse application of the statute.

torts & liabilityprocedure