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Daniel B. Walker v. The State of Wyoming
2013 WY 58
| Wyo. | 2013
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Background

  • 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)
Read the full case

Case Details

Case Name: Daniel B. Walker v. The State of Wyoming
Court Name: Wyoming Supreme Court
Date Published: May 10, 2013
Citation: 2013 WY 58
Docket Number: S-12-0195
Court Abbreviation: Wyo.