CG v. State
2011 WY 28
| Wyo. | 2011Background
- CG, a fourteen-year-old CHINS, was adjudicated for failing to attend school and placed on probation.
- On September 15, 2009, CG failed to catch a school bus; mother sought police assistance to get CG to school.
- Officer Maton arrived; CG was confrontational and had her iPod and phone taken by order of the officer.
- CG refused to exit a neighbor’s van; Officer Maton assisted the neighbor in removing CG from the vehicle after CG resisted.
- CG punched the officer during removal; the State charged CG with battery and interference with a police officer; the juvenile court adjudicated CG delinquent.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was there sufficient evidence that Maton acted in lawful duties? | CG asserts Maton exceeded duties; there was no crime to justify authority. | CG contends Maton was not performing lawful duties when seizing her from the van. | Yes; Maton acted within community caretaker duties during removal. |
| Was CG's strike against Maton in self-defense? | CG argues self-defense due to officer's alleged excessive force. | CG's strike was not justified; force used was not excessive, so self-defense unavailable. | No; no excessive force found, so self-defense unavailable. |
Key Cases Cited
- Iseli v. State, 160 P.3d 1133 (Wy. 2007) (self-defense unavailable unless officer uses excessive force)
- Amin v. State, 694 P.2d 119 (Wy. 1985) (battery elements include unlawful touching in rude, insolent or angry manner)
- Trumbull v. State, 214 P.3d 978 (Wy. 2009) (standard for appellate review of sufficiency of evidence in bench trials)
- Shaw v. State, 201 P.3d 1108 (Wy. 2009) (recognition of community caretaker duties by police)
- Iseli v. State, 160 P.3d 1133 (Wy. 2007) (reiterates when self-defense is available against police force)