Jacobsen v. State
281 P.3d 356
Wyo.2012Background
- Fox Park hired Jacobsen's firm, Better Bookkeeping, to manage finances; she was paid monthly.
- A 2003 investigation revealed a third Fox Park account opened in 1996 with Jacobsen as signatory and misappropriation of funds.
- Jacobsen allegedly wrote checks totaling over $69,000 to herself and relatives; forged loans and unauthorized charges were uncovered.
- State charged Jacobsen with eleven felonies, later amended to ten counts including forgery, uttering forgery, larceny by bailee, and conspiracy; jury convicted on all counts.
- Jacobsen moved for a partial remand to prove ineffective assistance of counsel; the court denied the remand, and she appeals both the convictions and the remand denial.
- On appeal, Jacobsen argues trial counsel failed to investigate, obtain witnesses and an expert, and that denial of remand violated due process; the court affirms.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Did counsel's investigation fail prejudicially under Strickland? | Jacobsen | Jacobsen | No reversible error; no prejudice shown |
| Did denial of remand deny due process for ineffective assistance claim? | Jacobsen | Jacobsen | Remand denial did not violate due process |
| Was there sufficient evidence to support ineffective assistance claim if investigation was deficient? | Jacobsen | Jacobsen | Prejudice not shown; no relief |
| Do standards for remand under W.R.A.P. 21 require specific witnesses/documents identified? | Jacobsen | Jacobsen | Yes; special identifications required |
Key Cases Cited
- Calene v. State, 846 P.2d 679 (Wyoming 1993) (remand warranted when specific, serious ineffectiveness allegations are stated)
- Rutti v. State, 100 P.3d 394 (Wyoming 2004) (require substantive, documented allegations for remand)
- Ken v. State, 267 P.3d 567 (Wyoming 2011) (ineffective assistance mixed question of law and fact; de novo review)
- Bear Cloud v. State, 275 P.3d 377 (Wyoming 2012) (prejudice prong required for ineffectiveness claim)
- Peterson v. State, 270 P.3d 648 (Wyoming 2012) (duty to make reasonable investigations; strategic decisions allowed)