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WY Crimes

Barbri Review

QuestionAnswer
Wyoming Constitutional Protections May be greater than provided in U.S. Constitution; Supreme ct considerations- Textual language of both constitutions and differences in language/structures, Constitutional history, Pre-existing state law, Matter of particular state or local concern
Wyoming Constitutional Protections- "Fertig" WY is not bound by 4th am decisions of U.S. Supreme Ct when deciding claims under WY constitution; It may follow these when reasonable is persuasive
Wyoming Constitutional Protections- "Harvey", "Nava" If one invokes protections of WY Constitution, in addition to protections of 4th am of U.S. consitution, D must indicate what argument is based upon and argue specifically how WY Constitution provides great protection than 4th am in this specific case
Wyoming Constitutional Protections- "Vassar", "Fender" If D argues greater protection under WY Constitution, she/he must demonstrate a "precise, analytically sound approach" when advancing argument of independently interpreting state constitution
Wyoming Constitutional Protections- Remember Protection of 4th amendment is applied to state action under Due Process Clause of 14th amendment
Criminal Procedure- Stops and seizures; WY looks at seizures in: Arrest Most intrusive encounter; Justification by probable cause to believe target committed crime or committing crime; Objective
Criminal Procedure- Stops and seizures; WY looks at seizures in: Investigatory stop Less intrusive; Presence of specific and articulable facts and rational inferences giving rise to reasonable suspicion that person has committed a crime or may be committing a crime
Criminal Procedure- Stops and seizures; WY looks at seizures in: Consensual encounter Non-intrusive; No restraint on liberty, voluntary cooperation by target with non-coercive questioning; "Wilson"
Criminal Procedure- Stops and seizures; WY looks at seizures in: Consensual encounter, Expectant looks by officer Not a seizure (especially in context of officer asking target name); "Wilson"
Criminal Procedure- Searches; Warrantless Like 4th amendment, warrantless searches are per se unreasonable, subject to only a few "clearly articulated exceptions"; "Morris", "Star", "Brown"
Criminal Procedure- Searches; Warrantless searches and seizures unreasonable per se: Exceptions 1-4 Search- 1. Of arrested suspect and area w/in immediate control, 2. Conducted while in hot pursuit of suspect, 3. To prevent imminent destruction of evidence, 4. Automobile upon probable cause
Criminal Procedure- Searches; Warrantless searches and seizures unreasonable per se: Exceptions 5-7 5. Resulting from plain view when officers are in place they have right to be, 6. Consent, 7. Resulting from entry into dwelling in order to prevent loss or life of property; "Holman", "Vassar"
Criminal Procedure- Search warrants; Probable cause affidavit Like 4th amendment, WY requires probable cause affidavit to be attached to search warrant
Criminal Procedure- Search warrants; State provision requires "The probable cause finding for issuance of search warrant to be supported by affidavit"; Considered stronger than what 4th amendment requires; "Strengthens WY citizen's rights by creating permanent record" "Abeyta"
Criminal Procedure- Search warrants; Oral testimony Affidavit may be supplemented by oral testimony that is recorded and made party of affidavit
Criminal Procedure- Search warrants; Standard Search warrants examined by less vigorous standards than admissibility of evidence standards; There is policy of encouraging law enforcement to seek warrants (any doubt is resolved in sustaining warrant)
Criminal Procedure- Search warrants; "Taylor" Only permitted to seize property described in warrant; And search must end if that specific property is found
Criminal Procedure- Search warrants; Confidential informant If confidential informant, not anonymous, reliability increases; And if informant, not granted benefit (paid, lesser sentence, etc), reality increases "Buckles"
Criminal Procedure- Search warrants; Confidential informant: Specificity Of information, corroboration, and accurate future predictions are important to consider reliability of tips
Criminal Procedure- Search warrants; Confidential informant: Anonymous REDDI reports not sufficient to warrant a vehicle stop "McChesney"
Criminal Procedure- Search warrants; Community care-taking exceptions WY allows
Criminal Procedure- Search warrants; Electronically Warrants may be electronically communicated to judge by officers; This is new and relatively untested
Criminal Procedure- Probable cause; Concept Fluid concept; Like 4th amendment; Assessment of probabilities in particular factual contexts "Schirber"
Criminal Procedure- Probable cause; Test Whether factual situation described in affidavit is sufficient to cause a reasonably cautious or prudent person to believe crime was being committed or been committed "TJS"
Criminal Procedure- Probable cause; Totality of circumstances Determines whether probable cause exists
Criminal Procedure- Probable cause; Four corners of affidavit limit Must look to veracity/basis of knowledge of person supply hearsay; Determine whether fair probability of contraband/evidence of crime to be found in particular place; Not paragraph by paragraph, all material
Criminal Procedure- Probable cause; Four corners of affidavit limit: Firsthand information from officer First hand information from officer, ct presumes officer to be truthful/reliable and no special showing veracity/reliability is necessary
Criminal Procedure- Probable cause; Parole searches Target's status as parolee permits parole officer to conduct warrantless searches of home, but those searches still have to be reasonable "Pena"
Criminal Procedure- Probable cause; Consent searches Standard for measuring scope of consent is "objective reasonableness" "Jones"
Criminal Procedure- Car stops and searches; Traffic stop Seizure under 4th amendment, even if stop is limited and detention is brief "Barch"
Criminal Procedure- Car stops and searches; Stationary targets More protections provided to stationary targets of search than mobile objects "Goddard"; Cars have less protection than houses for a search
Criminal Procedure- Car stops and searches; WY greater protection For search of passenger compartment of vehicle incident to arrest "Holman"; WY Constitution requires search of arrestee's vehicle to be "reasonable under all of circumstances" "Holman", "Vazquez"
Criminal Procedure- Car stops and searches; Frisking Of companions for concealed weapons; No independent reasonable suspicion that person is armed and dangerous is required when officer arrests companion "Perry"
Criminal Procedure- Car stops and searches; Anonymous REDDI report Not enough to warrant vehicle stop absent other circumstances "McChesney"
Criminal Procedure- Car stops and searches; Officer motivation for stop Not relevant, as long as there is probable cause for stop "Ferig"
Criminal Procedure- Sobriety checkpoints; "Sitz" Checkpoints can be set up under special needs doctrine
Criminal Procedure- Sobriety checkpoints; WY Stat. 7-17-101 Officers can only set up roadblocks upon public highways for purposes of apprehending persons reasonably believed to be wanted for violations of law; Contemplates probable cause necessary for arrest "Ostrowski", "Lopez"
Criminal Procedure- Sobriety checkpoints; WY Stat. 7-17-101: Exception Check-stations that check game and fish licenses and inspecting results of hunt
Criminal Procedure- 5th amendment; Self-incrimination: WY Const. Article 11 No person shall be compelled to testify against himself in any criminal case
Criminal Procedure- 5th amendment; Self-incrimination: Right to remain silent is self-executing, Custodial statements Must be voluntary, even when Miranda is complied with
Criminal Procedure- 5th amendment; Self-incrimination: Right to remain silent is self-executing, Waiver State does not require written waiver (but helps)
Criminal Procedure- 5th amendment; Self-incrimination: Right to remain silent is self-executing, D silence For 2 hours and 45 minutes is insufficient to invoke right to remain silent when D never state he wanted to remain silent or did not want to talk to police "Berghuius"
Criminal Procedure- 5th amendment; Self-incrimination: Right to remain silent is self-executing, Custody Narrow; When interrogation occurs at home, it may not be considered custodial "Glass", "Bland"
Criminal Procedure- 5th amendment; Self-incrimination: Right to remain silent is self-executing, Miranda exception WY allows for officer safety, not just public safety, as exception to Miranda
Criminal Procedure- 5th amendment; Self-incrimination: Right to remain silent is self-executing, Involuntariness May be found from trickery, mistreatment or psychological pressure, which is broader than normal 5th amendment protections "Evans"
Criminal Procedure- 5th amendment; Self-incrimination: Right to counsel Specific request for counsel by accused "Best"; Once request made, no further interrogation allowed unless counsel provided or D voluntarily chooses to communicate "Suliber"
Criminal Procedure- 5th amendment; Self-incrimination: Right to counsel, Invoking Officer should seek clarification if it is difficult to determine whether suspect intends to invoked right to atty; If D does not say unequivocally he wants lawyer, police can inquire further into D's desires "Daniel"
Criminal Procedure- 5th amendment; Self-incrimination: Failure to provide DNA sample Prosecutor can comment on D's failure to provide DNA sample; Does not fall within 5th amendment protections "Smith"
Criminal Procedure- 6th amendment; Right to counsel: WY Const Article 10 In all criminal prosecutions the accused shall have right to defense in person and by counsel
Criminal Procedure- 6th amendment; Right to counsel: Automatic Not dependent on any request, can only be withdrawn by express waiver of D; Only attaches when adversarial proceeds have commenced (but not when warrant is issued, but there had not yet been arrest) "Best", "Auclair"
Criminal Procedure- 6th amendment; Right to counsel: WY Constitution More explicit in its guarantees to an accused of right to presence of counsel at every stage of criminal proceeding critical to outcome "DeMillard"
Criminal Procedure- 6th amendment; Right to counsel: Not allowed For preindictment lineup stage of criminal proceeding; When D is deciding whether to submit chemical testing for BAC upon arrest for DWUI "Mogard"; Considered decision that D can make w/o attorney
Criminal Procedure- 6th amendment; Right to counsel: Atty/client relationship Gov't can intrude on atty/client relationship, as long as it does not substantially prejudice D "Trusky"
Criminal Procedure- 6th amendment; Right to counsel: Atty/client relationship, Examples If D puts mental state at issue, ct can required D turn over notes by clinical social worker hired by D; Officer can present D's weekend trial preparations/inform prosecutor D trial strategy
Criminal Procedure- 6th amendment; Right to counsel: Effective assistance of counsel under 6th am WY requires effective assistance "Crueton"; Counsel generally presumed effective, Burden on D overcome presumption of effectiveness, Can present 2 different theories of defense, If admits do not know how to handle case w/mentally ill= ineffective
Criminal Procedure- 6th amendment; Right to counsel: Multiple representation of criminal D Prejudice is automatically presumed, unless there is appropriate waiver of co-Ds "Asher"
Criminal Procedure- DWUI and implied consent; Implied consent to chemical test Blood, breath, urine- 1. Incident to arrest, 2. Promptly possible, 3. Administered at direction of officer who has probable cause target was driving or in actual physical control of motor vehicle
Criminal Procedure- DWUI and implied consent; Target chooses Whether blood or urine
Criminal Procedure- DWUI and implied consent; Advisement Target to be advised that results may subject target to criminal penalties; Target may go to nearest hospital and secure additional tests at own expense
Criminal Procedure- DWUI and implied consent; Dead/unconscious target Deemed to have given consent to have tested administration
Criminal Procedure- DWUI and implied consent; Refusal Won't be given except in case of death or serious bodily injury, or upon search warrant
Criminal Procedure- DWUI and implied consent; Remotely communicated search warrant Secured upon sworn testimony of officer and probable cause; Testimony and warrant must be recorded
Criminal Procedure- Exclusionary rule To seek imposition of exclusionary rule, one must claim violation of own constitutional rights; Cannot seek to impose if one's own rights haven't been violations "Thompkins"
Criminal Procedure- Speedy trial No statute of limitations in WY
Criminal Procedure- Speedy trial; 6th amendment In all criminal prosecutions, the accused shall enjoy right to speedy and public trial
Criminal Procedure- Speedy trial; WY Rule 7-11-203: Dismissal for unnecessary delay If there is unnecessary delay in ... Filing information against D who has been held to answer to District Ct, or if there is unnecessary delay in bringing D to trial, the ct may dismiss the... information
Criminal Procedure- Speedy trial; Violation of speedy trial right: Ct looks at 1. Length of delay, 2. Reason for delay, 3. D's assertion of right, 4. Prejudice to D; No factor alone sufficient to establish violation "Walters"
Criminal Procedure- Speedy trial; Charges must be dismissed If speedy trial right violated "Whitney"; No SoL, prejudice important to show "Roderick"; Only limitation is due process
Criminal Procedure- Double jeopardy; 5th am. v. WY Const Art 11 Dissimilar in language, but same meaning and co-extensive in application "DeLoge"
Criminal Procedure- Discovery and evidence; "Brady" Applies to WY cts; D must demonstrate that prosecution suppressed evidence, the evidence was favorable to D, and evidence was material, to show violation "Whitney"
Criminal Procedure- Discovery and evidence; "Brady": Favorable evidence Material if its suppression undermines confidence in outcome of trial "Whitney applying "Bagley""
Criminal Procedure- Discovery and evidence; "Brady": Material to D If material made available to D during trial, no "Brady" violation "Whitney"
Criminal Procedure- Discovery and evidence; Witnesses State must tell D that witness previously hypnotized and make statements and proceedings available to D upon request "Haselhuhn"
Criminal Procedure- Confrontation Confrontation clause guarantees opportunity for effective cross-examination
Criminal Procedure- Confrontation; Effective cross-examination: Cross-related complaint D must show he/she was prohibited from engaging in otherwise appropriate cross-examination designed to show prototypical bias on party of witness "Garner"; Subject to harmless error
Criminal Procedure- Confrontation; Effective cross-examination: Post-Crawford Ct can impose rape shield law to preclude D to cross-examine victims about past sexual conduct "Budig"
Criminal Procedure- Confrontation; Effective cross-examination: Like Crawford Testimonial hearsay cannot be introduced unless declarant is unavailable and D had prior opportunity to cross-examine declarant "Vigil"
Criminal Procedure- Confrontation; Effective cross-examination: Like Crawford, Sufficient indicia of reliability Even if met, there must be sufficient indicia of reliability of unavailable witness testimony to afford trier of fact satisfactory basis to evaluate truth of testimony "Grable"
Criminal Procedure- Confrontation; D right to be in courtroom During proceeding, including during answering of jury questions, jury's request for supplemental instructions, and videotape dispositions
Criminal Procedure- Confrontation; D right to be in courtroom: Modification of probation conditions Does not necessarily apply during modification of probation conditions or release from probation "DeMillard"
Criminal Procedure- Confrontation; D right to be in courtroom: Waiver May be obtained form defense counsel under appropriate circumstances "Gleason"
Criminal Procedure- Confrontation; D right to be in courtroom: Restrain/shackle D during trial Must have compelling necessity to restrain or shackle D during trial "Daniel"
Criminal Procedure- Confrontation; D right to be in courtroom: Jail clothes Failure for D to object to wearing jail clothes at trial negates compulsion argument regarding such clothes "Asch"
Criminal Procedure- Pleas and sentences; Plea hearing: Complying with WRCP Rule 11, Plea must be Voluntary and informed, with understanding of charges, penalties, rights of D and consequences of pleading guilty
Criminal Procedure- Pleas and sentences; Plea hearing: Complying with WRCP Rule 11, Open ct Must be in open ct, ct must address D personally
Criminal Procedure- Pleas and sentences; Plea hearing: Complying with WRCP Rule 11, Includes Nature of charges, mandatory minimum penalties, maximum penalty
Criminal Procedure- Pleas and sentences; Plea hearing: Complying with WRCP Rule 11, Inform D Right to representation at every stage of proceedings, and right to appointed counsel; Right to persist in plea of not guilty, trial by jury, right to confront/cross/subpoena witnesses, right against self-incrimination; If plea accepted, no trial & waiv
Criminal Procedure- Pleas and sentences; Plea hearing: Complying with WRCP Rule 11, Voluntary plea Ct must ensure plea is voluntary, asking questions such as whether there have been threats or force to D; What promises have been made to D
Criminal Procedure- Pleas and sentences; Plea hearing: Complying with WRCP Rule 11, Accuracy of plea Ct must ensure accuracy of plea; Whether there is adequate factual basis for plea
Criminal Procedure- Pleas and sentences; Sentencing hearing Ct must state reasons for sentence and put in writing; If probation not granted, ct must state whether considered probation and put in writing "Trumbull"; May not punish D for going to trial
Criminal Law- Common law crimes and defenses Common law crimes abolished, all statutory; Common law defenses still apply unless otherwise stated; Crime cannot be charged unless made a crime by statute "Yellowbear"
Criminal Law- Statute of limitations No SoL; Can commence prosecution at any time, as long as prejudice does not result "Story"
Criminal Law- Parties to crimes; Punishment For punishment purposes, no principal/accomplice liability in WY
Criminal Law- Parties to crimes; Accessory before the fact State must show someone committed substantive crime and that "accessory before the fact" associated himself with and participated in accomplishing crime
Criminal Law- Parties to crimes; Accessory before the fact: Uncorroborated testimony Convincing and credible can sustain conviction
Criminal Law- Parties to crimes; Accessory before the fact: Principal No need to convict/arrest principal for conviction of accessory before the fact
Criminal Law- Parties to crimes; Accessory after the fact Knowledge that underlying crime was felony is not necessary for conviction
Criminal Law- Conspiracy; 6-1-303 WY requires agreement w/one or more persons that one or more of them will commit crime, and one or more commits an overt act to effect object of agreement; Unilateral agreement required
Criminal Law- Conspiracy; 6-1-303: For drugs No overt act required; Bilateral agreement required (cannot only be agreement with D and w/gov't agent)
Criminal Law- Conspiracy; 6-1-303: Withdrawal from conspiracy Success manifest voluntary and complete reunification
Criminal Law- Conspiracy; 6-1-303: Where In county where agreement occurred, or in count where an act evidencing conspiracy took place
Criminal Law- Homicide Includes first-degree murder, second-degree murder, and manslaughter
Criminal Law- Homicide; First-degree murder Requires killings with purpose and with premeditated malice
Criminal Law- Homicide; First-degree murder: Other crimes Killing during sexual assault, sexual abuse of minor, arson, robbery, burglary, escape, resisting arrest kidnapping, or abuse of child under age of 16 or attempt of any enumerated crimes
Criminal Law- Homicide; First-degree murder: Punishment Death, life without parole, or life; Ct cannot impose multiple punishments for felony murder and underlying felony
Criminal Law- Homicide; Second-degree murder Requires purposeful and malicious acting, but without premeditation
Criminal Law- Homicide; Second-degree murder: No-listed crimes Killing resulting from no-listed crime may be second-degree or manslaughter
Criminal Law- Homicide; Second-degree murder: Punishment Not less than 20 years
Criminal Law- Homicide; Manslaughter Requires unlawful killing of person without malice, either voluntarily or involuntarily, but recklessly
Criminal Law- Homicide; Manslaughter- Lesser included offenses Lesser included offenses of second-degree murder
Criminal Law- Homicide; Manslaughter- Punishment Not more than 20 years
Criminal Law- Homicide; Drug induce homicide Requires delivery of controlled substance to minor that dies as result and D is an adult or at least 4 years older than victim
Criminal Law- Homicide; Drug induce homicide: Punishment Not more than 20 years
Criminal Law- Homicide; Homicide by vehicle Requires intoxication by D, reckless manner operation of vehicle, and conduct being proximate cause of victims death
Criminal Law- Homicide; Homicide by vehicle: BAC level High BAC cannot be sole evidence of intoxication; State must show beyond reasonable doubt incapable of driving safely
Criminal Law- Homicide; Homicide by vehicle: Defense Argument that death was not proximate cause of victim's death "Buckles"; But lack of victim's seat belt use may not be used "Allen"
Criminal Law- Kidnapping and related offenses; Kidnapping conviction in WY Requires movement or confinement that unlawful
Criminal Law- Kidnapping and related offenses; Kidnapping conviction in WY: Intent to receive ransom Must have intent to receive ransom, use victim as hostage, facilitate a felony, inflict bodily injury or terrorize victim or another
Criminal Law- Kidnapping and related offenses; Kidnapping conviction in WY: Confinement Does not have to be for substantial time, but movement must be to different location that is substantial distance from original location "Keene"
Criminal Law- Kidnapping and related offenses; Kidnapping conviction in WY: Punishment Not more than 20 yrs if D voluntarily release victim substantially unharmed and in safe place prior to trial; Not less than 20 yrs if D does not voluntarily release victim substantially unharmed
Criminal Law- Kidnapping and related offenses; Felony restraint conviction Requires D to restrain victim lawfully in circumstances exposing victim to serious risk of bodily injury, or Hold victim in involuntary servitude
Criminal Law- Kidnapping and related offenses; Felony restraint conviction: Punishment Not more than 5 yrs
Criminal Law- Kidnapping and related offenses; False imprisonment Requires knowing and unlawful restraint that interferes substantially with victim's liberty
Criminal Law- Kidnapping and related offenses; False imprisonment: Punishment Misdemeanor for not more than 1 yr
Criminal Law- Kidnapping and related offenses; Interference with Custody Requires taking or entice minor from custody of parent/guardian or failure to return minor to custody
Criminal Law- Kidnapping and related offenses; Interference with Custody: Minor child Proof that child is minor gives rise to inference D knew minor's age
Criminal Law- Kidnapping and related offenses; Interference with Custody: Affirmative defense Showing that action necessary to preserve child from immediate danger, or Child not less than 14 and take at minor's instigation and w/o intent to commit criminal offense w/or against minor
Criminal Law- Kidnapping and related offenses; Interference with Custody: Punishment Not more than 5 years if D is not parent/guardian or D knowingly conceals/harbors child; If neither apply then not more than 2 yrs
Criminal Law- Sexual assault Includes first-degree, second-degree, and third-degree sexual assault, and first-degree, second-degree, and third-degree sexual abuse of minor
Criminal Law- Sexual assault; First-degree sexual assault: Requires sexual intrusion on victim and submission of victim by- Physical force or forcible confinement, Threat of death, serious body injury, extreme physical pain and victim has reasonable belief actor will execute threat, Victim helpless and not consent and actor knows helpless, Act knows victim is vulnerable
Criminal Law- Sexual assault; First-degree sexual assault: Defense Consent
Criminal Law- Sexual assault; Second-degree sexual assault: Requires sexual intrusion on victim, and submission by victim due to- 1-3 1. Threats to retaliate in future against victim/victim's family and reasonably believes, 2. Any means prevent resistance by victim of ordinary resolution, 3. Administration of substance substantially impairs victims power to object/control conduct
Criminal Law- Sexual assault; Second-degree sexual assault: Requires sexual intrusion on victim, and submission by victim due to- 4-5 4. Belief act is victims spouse, when actors know or reasonably should know, 5. Position of authority and use of authority to submit
Criminal Law- Sexual assault; Second-degree sexual assault: Requires sexual intrusion on victim, and submission by victim due to- 6-7 6. During treatment/medical exam, manner substantially inconsistent with reasonable medical practice, 7. Subjects victim to sexual contact and causes serious bodily injury to victim under circumstances listed in first-degree sexual assault statute
Criminal Law- Sexual assault; Second-degree sexual assault: Defenses No consent as defense
Criminal Law- Sexual assault; Third-degree sexual assault Anything not first- or second-degree sexual assault, where D subjects victim to sexual contact under circumstances listed above, but does not inflict sexual intrusion or cause serious bodily injury
Criminal Law- Sexual assault; First-degree sexual abuse of minor 16 yr old commits sexual intrusion on less than 13 yr old; 18 yr old commits sexual intrusion on less than 18 yr old and actor legal guardian/relative, 18 yr old commits sexual intrusion on less than 16 yr old and actor has position of authority
Criminal Law- Sexual assault; Second-degree sexual abuse of minor 17 yr old commits sexual intrusion on less than 13-15 yr old and victim at least 4 yrs younger
Criminal Law- Sexual assault; Second-degree sexual abuse of minor: Sexual contact 16 yr old commits sexual contact on less than 13 yr old; 18 yr old commits sexual contact on less than 18 yr old and actor legal guardian/relative; 18 yr old commits sexual contact on less than 16 yr old and actor has position of authority
Criminal Law- Sexual assault; Third-degree sexual abuse of minor 17 yr old commits sexual contact on less than 13-15 yr old and victim at least 4 yrs younger; 20 yr old commits sexual intrusion on less than 16-17 yr old and victim at least 4 yrs younger and actor in position of authority
Criminal Law- Sexual assault; Third-degree sexual abuse of minor continued... Less than 16 yrs old commits sexual intrusion on less than 14 yr old and victim at least 3 yrs younger; More than 17 yr old commits immodest, immoral liberties with less than 17 yrs old and victim at least 4 yrs younger
Criminal Law- Sexual assault; Fourth-degree sexual abuse of minor Less than 16 yr old commits sexual contact with less 13 yrs old and victim at least 3 yrs younger; 20 yr old commits sexual contact with 16-17 yrs old and victim at least 4 yrs younger and actor has position of authority
Criminal Law- Property crimes Larceny, false pretense, robbery, receipt of stolen property
Criminal Law- Property crimes; Larceny Property value must be more than $1000 for felony larceny, but livestock rustling is felony no matter what; Embezzlement is encompassed under larceny in WY
Criminal Law- Property crimes; Identity theft Willful obtaining of personal identifying information of another and use for any unlawful purpose without consent
Criminal Law- Property crimes; Robbery MPC, except that aggregated robbery includes infliction or attempt to inflict serious bodily injury during robbery, or use of deadly or simulated deadly weapon
Criminal Law- Property crimes; Burglary WY does not require dwelling or nighttime; May include occupied structures or vehicles; No breaking is required either, as it is burglary to enter or remain in structure to commit felony
Criminal Law- Property crimes; Burglary: D armed Or becomes armed, it is aggravated burglary, D recklessly inflicts (or attempts to inflict) serious bodily injury
Criminal Law- Property crimes; Arson: First-degree Includes malicious starting of firm w/intent to destroy occupied structure (need not actually be occupied at time)
Criminal Law- Property crimes; Arson: Second-degree Intent to destroy property to collect insurance proceeds`
Criminal Law- Property crimes; Arson: Aggravated Fire and explosion with reckless disregard for human life or death occurs
Criminal Law- DWUI BAC .08 or higher, Under influence of alcohol/controlled substance combination to degree D incapable of driving safely
Criminal Law- DWUI; Presumption If less than .05 presumption not under influence; No presumption either way with BAC b/w .05 and .08 but can be consider with evidence, Anyone under 21 w/.02 or more cannot operate vehicle
Criminal Law- DWUI; Implied consent Driving in WY deems consent given for blood/breath/urine test, Prior to tests officer required to give warning that failure to submit to all tests result in suspicion of WY driver's license for- First time, 6 mos, and Second (so on) 18 mos
Criminal Law- DWUI; Test results indicate under influence May be subject to criminal penalties and driver's license will be suspended for 90 days
Criminal Law- DWUI; Own tests Upon submitted tests, D may go to hospital to get own tests done at own expense
Criminal Law- DWUI; Refusal Will not be eligible for limited driving privileges
Criminal Law- DWUI; Right to counsel No right to counsel
Criminal Law- DWUI; Suspension of license Not punishment, double jeopardy does not apply for DWUI prosecution and license suspension
Criminal Law- DWUI; Suspension of license: Implied consent Applies to anyone under 21, and refusal carries 45 day driver's license suspension (warning still applies)
Criminal Law- Miscellaneous alcohol offenses; Open container May not drive on public roads with open container of alcohol (seal cannot be broken, must be in original unopened container)
Criminal Law- Miscellaneous alcohol offenses; Under 21 possessing alcohol Or who is drunk or under influence (including controlled substance) may be charged with misdemeanor; This does not have to occur in public place (includes own apartment, dorm room)
Criminal Law- Drug trafficking offenses Includes manufacture, delivery, or possession with intent to delivery or manufacture
Criminal Law- Drug trafficking offenses; Circumstantial evidence May be used to prove identity of substance
Criminal Law- Drug trafficking offenses; Factors (non-exhaustive) High price for substance, physical appearance of substance, transaction carried out in secrecy, substance called by name of illegal narcotic, substance ingested/used in same manner as narcotic, substance produce same effect of narcotics
Criminal Law- Cruelty to animals and children; Aggravated cruelty to animals Requires knowingly torturing, cruelly beating, tormenting, injuring or mutilating an animal with intent to cause death, injury or under suffering (including result of death or vest killing animal)
Criminal Law- Cruelty to animals and children; Endangering child Requires knowingly and willfully or permitting child to take meth or enter area (room/dwelling/vehicle) D knows meth is being stored/manufactured; Cannot knowingly/willfully permit child to remain in place if child gets into place storing/manufacture met
Criminal law- Stalking Requires course of conduct; D must have intent to harass another person and engage in course of conduct reasonably likely to harass another person
Criminal law- Stalking; Course of conduct Pattern of conduct composed of series of acts over any period of time evidencing continuity of purpose
Criminal law- Stalking; Previous protection orders May use, but they should be used as substantive evidence proving beyond reasonable doubt they are part of course of conduct (not as 404(b) similar act evidence) "Walker"
Created by: dmoore147