Bruce B. Williams v. Terrill R. Tharp, as Circuit Court Judge
2017 WY 8
| Wyo. | 2017Background
- Williams, a writer, was mistakenly allowed to view a medical evaluation in a presentence investigation report from a criminal case and sought a copy; the circuit court denied the request.
- The circuit court relied on Wyo. Stat. Ann. § 7-13-409, which privileges probation/parole information unless a judge orders disclosure.
- Williams petitioned the district court for a writ of mandamus to compel the circuit court to release the medical information; the circuit court moved to dismiss, arguing mandamus cannot control judicial discretion and the statute vests discretion in the sentencing judge.
- The district court granted the motion to dismiss under W.R.C.P. 12(b)(6); Williams did not provide a transcript of the hearing or comply fully with petition form requirements.
- On appeal Williams argued First and Sixth Amendment rights and Wyoming constitutional provisions establish a public right of access to presentence reports; the Supreme Court declined to consider those constitutional arguments because they were not raised or developed below.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Williams has a constitutional right of public access to presentence reports | Williams: First Amendment, Sixth Amendment, and Wyoming Const. rights create a public right to presentence information (subject to limited redaction) | Courts/statute: Presentence reports are privileged by statute and courts have discretion whether to release them; mandamus cannot control judicial discretion | Court: Did not reach constitutional merits; claims not raised below so appellate review refused; dismissal affirmed |
| Whether mandamus was appropriate to compel release | Williams: Sought mandamus to force judge to order disclosure | Circuit court/district court: Mandamus cannot be used to control judicial discretion; petition form defects also noted | Held: Mandamus remedy was not properly presented; district court dismissal sustained (procedural posture) |
| Whether Wyo. Stat. § 7-13-409 removes judicial discretion to release reports | Williams: Argued statute does not permit discretion | Circuit court: Precedent interprets release as discretionary | Held: Court relied on parties’ procedural default; did not resolve statutory interpretation on appeal |
| Whether appellate court should consider new constitutional theories raised for first time on appeal | Williams: Raised constitutional claims on appeal | State/court: Issues not raised or argued below should not be considered on appeal | Held: Court applied rule barring consideration of issues not presented in lower court and affirmed dismissal |
Key Cases Cited
- Roach v. State, 901 P.2d 1135 (Wyo. 1995) (discusses court discretion regarding disclosure of probation/parole information)
- Alexander v. State, 823 P.2d 1198 (Wyo. 1992) (precedent on confidentiality of presentence information)
- Press-Enter. Co. v. Superior Court of California for Riverside Cty., 478 U.S. 1 (U.S. 1986) (articulates First Amendment right of access framework)
- Lee Newspapers v. Circuit Court of Eighth Judicial Dist., 332 P.3d 523 (Wyo. 2014) (applies experience-and-logic test for public access)
- Cheyenne Newspapers, Inc. v. First Judicial Dist. Court, 358 P.3d 493 (Wyo. 2015) (reviews constitutional access standards and related appellate review principles)