DeLoge v. State
2012 WY 128
| Wyo. | 2012Background
- DeLoge pled guilty to six counts of second-degree sexual assault in 2000 and received six consecutive life terms.
- He appealed his convictions, and this Court affirmed in DeLoge I (2002 WY 155, 55 P.3d 1233).
- In 2002 he moved to withdraw pleas and sought return of seized property; DeLoge II remanded for merits on property claim.
- In 2003-2005 he pursued post-conviction relief and writs of review, with dismissals and denials by the district court and this Court.
- In 2006-2007 the district court denied return of seized property; this Court partially reversed and remanded in DeLoge III.
- In 2010 the Court affirmed the district court’s dismissal of certain property claims in DeLoge IV.
- In May 2011, DeLoge filed a motion to correct an illegal sentence under Rule 35(a) alleging PSI inaccuracies and constitutional rights violations; the district court denied as barred by res judicata.
- Appellant timely appealed the district court’s order denying relief.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether res judicata bars the claims | DeLoge argues the third res judicata factor is unmet due to changed statute. | State contends prior adjudications bar the claims, including constitutional challenges. | Res judicata bars the claims; previous adjudications foreclose. |
| Whether PSI inaccuracies can be corrected | DeLoge asserts PSI inaccuracies affected sentencing and were not addressed. | State contends issues were raised previously or not shown good cause. | Barred by res judicata; issues not sufficiently shown with good cause. |
| Whether the sentence violates double jeopardy or constitutional rights | DeLoge claims the existing statute and sentence violate double jeopardy and due process. | State maintains the prior direct appeal resolved these issues; amendments do not retroactively change that. | Claims barred by res judicata; double jeopardy claim adjudicated previously. |
Key Cases Cited
- DeLoge v. State, 55 P.3d 1233 (Wyo. 2002) (direct-appeal upheld convictions; statute did not violate double jeopardy)
- DeLoge v. State, 123 P.3d 578 (Wyo. 2005) (remand on property claim; good-faith issues discussed)
- DeLoge v. State, 156 P.3d 1004 (Wyo. 2007) (counsel and property-remand considerations; res judicata discussion)
- DeLoge v. State, 231 P.3d 862 (Wyo. 2010) (Deloge IV; post-conviction / exculpatory evidence concerns)
- Endris v. State, 233 P.3d 578 (Wyo. 2010) (illegality of sentence; standard for review in Rule 35(a))
- Dax v. State, 272 P.3d 319 (Wyo. 2012) (res judicata four-factor test for claims)
- Birr v. State, 878 P.2d 515 (Wyo. 1994) (double-jeopardy treatment in collateral sentencing context)
- Hamill v. State, 602 P.2d 1212 (Wyo. 1979) (prior-acting rules on multiple punishments and offenses)
- Winstead v. State, 261 P.3d 743 (Wyo. 2011) (res judicata application in post-conviction context)