Bear Cloud v. State
2012 WY 16
| Wyo. | 2012Background
- Bear Cloud, then 16, pled guilty to felony murder, conspiracy to commit aggravated burglary, and aggravated burglary after an armed Sheridan burglary.
- During planning, co-defendants obtained a handgun and mask; one co-defendant killed the resident during burglary.
- A pre-sentence transfer hearing was held; district court denied transferring to juvenile court.
- Bear Cloud moved to suppress statements; that motion was denied.
- Bear Cloud later moved to withdraw guilty pleas; the district court denied the motion after a Frame-factor analysis.
- Bear Cloud was sentenced to life with parole eligibility on felony murder and concurrent 20-25 year terms on other counts.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Ineffective assistance pre-plea | Bear Cloud contends counsel erred by seeking outside help and waiving issues. | State argues pre-plea claims are non-jurisdictional and waived by guilty plea. | Pre-plea ineffectiveness claims waived; no reversible error found. |
| Transfer to juvenile court | Bear Cloud argues denial was dispositive and should be reviewable. | State contends transfer denial is non-dispositive and not jurisdictional. | Denial of transfer is jurisdictional and affirmed denial. |
| Eighth Amendment: juvenile felony-murder life sentence | Bear Cloud asserts life with parole for juvenile felon-murder violates Eighth Amendment (as applied). | Wyoming may constitutionally impose life with parole for felony-murder; Graham framework not controlling here. | Life with parole for juvenile felony-murder is constitutional under state and federal norms. |
| Mandatory life sentence for juvenile | Mandatory nature denies individualized consideration for youth. | Mandatory sentences in noncapital cases do not violate the Eighth Amendment; mitigation may occur via transfer factors. | Statutory scheme constitutional; district court could consider mitigating factors when transferring to juvenile court. |
Key Cases Cited
- Walters v. State, 197 P.3d 1273 (Wyo. 2008) (dispositional dispositive-issue framework for conditional pleas)
- Kruger v. State, 268 P.3d 248 (Wyo. 2012) (de novo voluntariness standard for guilty pleas)
- Frame v. State, 29 P.3d 86 (Wyo. 2001) (Frame factors for pre-sentence withdrawal of plea)
- Osborn v. State, 672 P.2d 777 (Wyo. 1983) (no absolute right to withdraw guilty plea before sentencing)
- Ecker v. State, 545 P.2d 641 (Wyo. 1976) (Rule 11 compliance and voluntariness considerations)
- McCard v. State, 78 P.3d 1040 (Wyo. 2003) (prejudice/knowingly voluntary plea framework)
- Graham v. Florida, 560 U.S. 48 (U.S. 2010) (categorical vs proportionality analysis for juvenile sentencing)
- Harmelin v. Michigan, 501 U.S. 957 (U.S. 1991) (proportionality not strict; broad penological discretion)