Burnett v. State
2011 WY 169
| Wyo. | 2011Background
- Burnett convicted of attempted second degree murder and two counts of aggravated assault and battery; convictions merged for sentencing; sentenced to twenty to thirty years.
- Contends jury instructions were improper; appeal focused on those instructions.
- Incident occurred December 25, 2009; party in Riverton; Burnett sought a ride and became confrontational.
- Willie Wheeler confronted Burnett; Burns pulled a knife; Willie's brother Beau and others present; Willie's jacket passed to Beau.
- Willie stabbed and severely injured; medical treatment included chest surgery and Life Flight; Willie's injuries described as life-threatening.
- Evidence at scene linked Burnett to the crime (prints, blood, knives) and Burnett was found asleep at his mother's house with related evidence in proximity.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether instruction on attempted second degree murder properly stated elements | Burnett argues no proper malice/purpose element | State argues combined instructions informed properly | Not plainly erroneous; instructions read with surrounding context satisfied due process |
| Whether recklessness definition adequately covered extreme indifference | Burnett says definition omits extreme indifference language | Instructions considered as a whole sufficiently instructed recklessness under the statute | Not plain error; other instructions defined the required recklessness under extreme indifference |
| Whether identical elements of two crimes violate due process | Burnett claims overlap allows prosecutorial choice to be arbitrary | Crimes have distinct elements; overlap does not violate due process or equal protection | Crimes not identical in elements; Batchelder precedent applied; no due process violation |
Key Cases Cited
- Bloomfield v. State, 234 P.3d 366 (Wy. 2010) (plain error standard for jury instructions; review of instructions as a whole)
- Johnson v. State, 61 P.3d 1234 (Wy. 2003) (overlapping statutes do not violate due process or equal protection)
- United States v. Batchelder, 442 U.S. 114 (U.S. 1979) (overlapping criminal provisions do not violate notice or equal protection)