Daniel B. Walker v. The State of Wyoming
2013 WY 58
| Wyo. | 2013Background
- Walker was convicted of felony stalking under Wyo. Stat. Ann. § 6-2-506(e)(iv).
- On remand from this Court, the State sought and obtained amendments to the felony information to specify a date range and to identify multiple orders of protection and probation conditions.
- The information and amended affidavits alleged a course of conduct aimed at Angelia Leair spanning 2006–2010, including acts before and after orders of protection.
- The district court allowed two amendments to the information; defense counsel acknowledged the amendments adequately explained the charges.
- Jury instructions at trial conflated the intent to harass element with the course-of-conduct element, creating potential prejudice; Walker I previously reversed for improper instructions.
- The Court reverses the conviction and remands for a new trial consistent with these rulings.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether amendments to the felony information were proper | Walker | Walker | Amendment not abused; proper under discretion_rule |
| Whether Walker received adequate notice of charges | Walker | Walker | Adequate notice; information and affidavit sufficient |
| Whether jury instruction 10 caused plain error by misjoining elements | Walker | State | Plain error; instruction improperly tied intent to listed acts; prejudicial; reversible error. |
Key Cases Cited
- Walker v. State, 267 P.3d 1107 (Wyo. 2012) (remand for proper instructions after initial reversal)
- Hulsy v. State, 209 P.3d 901 (Wyo. 2009) (information sufficiency standard; notice of charges)
- Estrada-Sanchez v. State, 66 P.3d 703 (Wyo. 2003) (notice/charge adequacy framework)
- Olsen v. State, 67 P.3d 536 (Wyo. 2003) (standard for evaluating jury instructions)
- Burnett v. State, 267 P.3d 1083 (Wyo. 2011) (standard for plain error review in jury instructions)
- Bloomfield v. State, 234 P.3d 366 (Wyo. 2010) (jury instruction sufficiency assessment)
- Garton v. State, 910 P.2d 1348 (Wyo. 1996) (broad construction of 6-2-506(e)(iii)/(iv) and course of conduct)
