DAX v. State
2012 WY 40
| Wyo. | 2012Background
- Dax challenges the denial of credit for time served against his Wyoming state sentence.
- Federal authorities arrested Dax in May 2002 for felon in possession of firearms; Wyoming charged him with aiding and abetting burglary and conspiracy.
- Dax pled guilty in the federal case in August 2002 and was sentenced in November 2002; Wyoming custody followed, and state charges were pursued concurrently.
- In April 2003, the state district court sentenced Dax to 20 to 25 years, to run concurrently with the federal sentence, and he sought credit for time served.
- The district court awarded credit for time served on the state charges but not for time served during the federal sentence; the judgment was silent on credit for pre-trial federal confinement.
- Dax pursued multiple post-judgment avenues (direct appeal, motions for sentence reduction) but raised the present issue only after 2011, leading to the current appeal.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether res judicata bars review of credit for time served. | Dax argues for credit against the state sentence for federal pre-trial detention. | State contends the issue was or could have been raised earlier and is barred. | Res judicata bars the review. |
Key Cases Cited
- Cooper v. State, 2010 WY 22, 225 P.3d 1070 (Wyoming Supreme Court, 2010) (res judicata applies to post-conviction claims not raised earlier)
- McCarty v. State, 929 P.2d 524 (Wy. 1996) (Rule on post-conviction claims and appeal timing)
- Lacey v. State, 79 P.3d 493 (Wy. 2003) (elements of res judicata in Wyoming)
- Dolence v. State, 107 P.3d 176 (Wy. 2005) (prior opportunities to raise issues bar later review)
- Amin v. State, 138 P.3d 1143 (Wy. 2006) (claim preclusion when issues could have been raised earlier)
- Hamill v. State, 948 P.2d 1356 (Wy. 1997) (good-cause exception to preclusion)
- Mead v. State, 2 P.3d 564 (Wy. 2000) (whether to permit belated challenges to sentences)
- Gould v. State, 151 P.3d 261 (Wy. 2006) (scope of appellate review for sentencing issues)
- McDaniel v. State, 163 P.3d 836 (Wy. 2007) (multiple opportunities to raise sentencing issues)