Haskell v. State
422 P.3d 955
Wyo.2018Background
- Stephen Haskell, sheriff‑elect of Sublette County, ordered new uniforms and related items in his name before being sworn in; he did not personally pay and orders were placed on vendor accounts for the sheriff's office.
- After commissioners objected to pre‑inauguration orders, Haskell had vendors change invoice order dates to after his swearing‑in and directed an employee to shred original invoices; the county later paid vendors roughly $12,000.
- A recording of Haskell asking vendors to change dates led to a DCI investigation and criminal charges.
- A jury convicted Haskell of (1) obtaining property by false pretenses (felony), (2) wrongfully taking/disposing of property, (3) submitting false claims with intent to defraud (felony), and (4) acting as a public officer before qualifying (misdemeanor); one count (official misconduct) was dismissed pretrial.
- On appeal the Wyoming Supreme Court reversed the false‑pretenses conviction for insufficient evidence (under Bohling, obtaining requires both title and possession) and affirmed convictions for acting before qualifying and submitting false claims; no cumulative error warranted reversal.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| 1. Sufficiency of evidence for obtaining property by false pretenses (Wyo. Stat. § 6‑3‑407(a)(i)) | State: Haskell became personally obligated to pay, so county payment relieved him of obligation and constituted "obtaining" county property. | Haskell: Under Bohling, "obtain" requires both title and possession; county never transferred title to him. | Reversed conviction — insufficient evidence; Bohling controls: must prove both title and possession and State failed to do so. |
| 2. Jury instruction on title as element of false pretenses | State: Title instruction would confuse jurors; general elements instruction sufficient. | Haskell: Court should have instructed jury that obtaining includes obtaining title (ownership) as well as possession. | Court declined to review instruction error after reversing on sufficiency; in any event, Bohling requires title but acquittal based on insufficiency renders instruction issue moot. |
| 3. Whether ordering uniforms was a duty of sheriff for acting before qualifying (Wyo. Stat. § 6‑5‑116) | State: Purchasing and accounting for office items fall within sheriff duties and municipal fiscal rules; therefore Haskell performed a duty before qualifying. | Haskell: Buying law‑enforcement items is not a statutory duty of the sheriff; issue raised for first time on appeal. | Affirmed — "any duty of his office" is broad; purchasing and fiscal duties (incorporating municipal fiscal statutes) can constitute duties for § 6‑5‑116; sufficient evidence he performed such a duty before qualifying. |
| 4. Sufficiency for submitting false claims with intent to defraud (Wyo. Stat. § 6‑5‑303(b)) | State: Haskell knowingly submitted altered invoices/vouchers to obtain county payment. | Haskell: Date changes were de minimis or reflected a dispute over who would pay; no intent to defraud the county. | Affirmed — evidence (changed dates, recorded call, shredding originals, false vouchers) supports jury finding of intent to defraud. |
| 5. Cumulative error (including juror note) | Haskell: Multiple errors and a juror note showing preconceived verdict deprived him of fair trial. | State: Only one reversible error (false pretenses insufficiency); juror note insufficient to show bias; presumption jurors follow instructions. | Denied — no additional errors established; juror note did not show bias on record; cumulative‑error claim fails. |
Key Cases Cited
- Bohling v. State, 388 P.3d 502 (Wyo. 2017) ("obtain" in false pretenses requires both title and possession — primary controlling precedent)
- Sweets v. State, 307 P.3d 860 (Wyo. 2013) (standard for reviewing sufficiency and intent issues)
- Barker v. State, 599 P.2d 1349 (Wyo. 1979) (discussing false‑pretenses convictions in contexts like bad checks)
- Lopez v. State, 788 P.2d 1150 (Wyo. 1990) (analysis of pretenses and falsity elements)
- Dreiman v. State, 825 P.2d 758 (Wyo. 1992) (burglary/larceny context cited in statutory comparisons)