Dharminder Vir Sen v. The State of Wyoming
2013 WY 47
| Wyo. | 2013Background
- Sen convicted of first-degree felony murder, aggravated burglary, and conspiracy to commit aggravated burglary for killing Robert Ernst during a home invasion.
- Trial court denied transfer to juvenile court; Sen, age 15 at the time, sought transfer arguing immaturity and rehabilitation prospects.
- Motions: suppression of custodial confession and gunshot residue test denied; Dr. Banich’s expert testimony on juvenile cognitive development initially excluded.
- Trial occurred before Miller v. Alabama; after Miller, this Court issued Bear Cloud II holding the sentencing scheme unconstitutional as applied to juveniles.
- Court vacated the life-without-parole sentence and remanded for resentencing on all counts to comply with Miller’s individualized-sentencing requirements.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Transfer to juvenile court abuse | Sen argues district court failed to weigh factors properly | State asserts proper, thorough consideration of §14-6-237(b) factors | No abuse of discretion; transfer denial affirmed |
| Voluntariness of confession | Confession was involuntary due to coercion and waiver issues | Waiver and voluntariness supported by totality of circumstances | confession admissible; waiver valid; voluntary statements |
| Gunshot residue test admissibility | Test conducted without warrant violated Fourth Amendment | Test allowed as a permissible search incident to arrest | Test admission proper; warrantless swab justified by minimal intrusion and evanescent residue |
| Admissibility of Dr. Banich testimony | Testimony would illuminate juvenile cognitive functioning relevant to intent | testimony related to diminished-capacity defense not recognized in Wyoming; not relevant | No abuse of discretion; testimony excluded as not relevant to recognized defenses |
| Sentencing upon Miller remand | Mandates individualized sentencing considering youth; vacate life-without-parole | Life-without-parole may be permissible under Miller; remediation options exist | Remand for new individualized sentencing; vacate life without parole and related counts to effect Miller-compliant sentencing |
Key Cases Cited
- Miller v. Alabama, 132 S. Ct. 2455 (U.S. (2012)) (mandatory LWOP for juveniles violates Eighth Amendment; requires individualized sentencing)
- Bear Cloud II v. State, 294 P.3d 36 (Wyo. 2013) (holds Wyoming statutes providing no meaningful parole for juvenile murderers unconstitutional as applied; requires Miller-aware sentencing considerations)
- Bear Cloud I v. State, 275 P.3d 377 (Wyo. 2012) (initially held life-without-parole schemes unconstitutional as applied to juveniles; remanded for Miller considerations)
- Hannon v. State, 84 P.3d 320 (Wyo. 2004) (voluntariness standard for custodial statements; de novo review on appeal)
- Graham v. Florida, 560 U.S. 48 (U.S. (2010)) (proportionality and meaningful parole opportunities for juveniles in non-homicide cases; supports youth consideration)