In the Interest of CG v. State
2011 Wyo. LEXIS 30
| Wyo. | 2011Background
- CG, a fourteen-year-old, was adjudicated a CHINS for failing to attend school and placed on probation with school attendance requirements.
- On Sept. 15, 2009, CG missed the school bus; mother sought police assistance to get CG to school.
- Officer Maton responded, removed CG from a neighbor's van after she refused to exit, and CG punched him in the forearm.
- The State charged CG with unlawful touching of an officer and interfering with an officer in the lawful performance of duties.
- The juvenile court adjudicated CG delinquent after a video and testimony showing the exchange and removal from the vehicle.
- CG appealed, challenging whether the officer was acting lawfully and whether her strike could be self-defense.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was there sufficient evidence the officer was acting lawfully? | CG contends the officer had no authority to remove her. | CG argues the officer acted beyond his duties/was unlawfully seizing her. | Yes; officer acted within community caretaker duties and lawful duties. |
| Did CG act in self-defense when striking the officer? | CG claims self-defense due to excessive force by officer. | CG’s self-defense claim fails unless officer used excessive force. | Self-defense not available absent excessive force; force was not excessive, so no self-defense. |
Key Cases Cited
- Iseli v. State, 160 P.3d 1133 (Wyo. 2007) (self-defense requires excessive force by officer; otherwise unavailable)
- Amin v. State, 694 P.2d 119 (Wyo. 1985) (battery elements include unlawful touching in rude, insolent, or angry manner)
- Trumbull v. State, 214 P.3d 978 (Wyo. 2009) (standard of review for sufficiency of evidence in Wyoming trials)