438 P.3d 189
Wyo.2019Background
- Law enforcement executed a no-knock warrant at Mathewson's home after affidavits from confidential informants and corroborating investigation; officers seized drugs, paraphernalia and a water pipe containing a colored liquid that tested presumptive positive for methamphetamine.
- Mathewson was charged with multiple counts including felony possession of methamphetamine (alleged "liquid form" over statutory threshold) and related misdemeanors; jury convicted him on six counts and acquitted on two.
- Pretrial proceedings featured numerous continuances and changes of appointed counsel driven largely by Mathewson's objections and requests; the district court also reassigned the judge and struck many of Mathewson's pro se filings.
- Mathewson moved to suppress evidence arguing the search-warrant affidavit lacked probable cause, contained false statements, and was issued by a non-neutral magistrate; the district court denied suppression and later denied his speedy-trial dismissal motion.
- Mathewson appealed, arguing (1) improper denial of suppression, (2) violation of speedy-trial rights under W.R.Cr.P. 48 and the Sixth Amendment, and (3) insufficient evidence that the bong liquid qualified as methamphetamine in a "liquid form" under § 35-7-1031.
Issues
| Issue | Plaintiff's Argument (Mathewson) | Defendant's Argument (State) | Held |
|---|---|---|---|
| Validity of search warrant / suppression | Affidavit relied on unreliable/double-hearsay informants, lacked corroboration, was stale, contained falsehoods, and was signed by a non-neutral magistrate | Informants provided recent, detailed, and corroborated facts supporting a nexus to the residence; no proof of intentional falsity; issuing judge acted within authority | Denial of suppression affirmed: probable cause existed; false-statement (Franks) claim waived for failure to make preliminary showing; issuing judge neutral/detached |
| Speedy trial (W.R.Cr.P. 48 and Sixth Amendment) | Delay exceeded statutory 180 days and constitutional protections; many unexplained continuances attributable to court/state | Majority of delay was caused or consented to by Mathewson (waivers, counsel changes, judge reassignment); only limited court docket delays are attributable to State | No violation: under Rule 48 enough time excluded so trial began within 180 days; Barker factors balance against Mathewson, so no constitutional violation |
| Sufficiency—"liquid form" methamphetamine (statutory interpretation) | Meth in bong water is merely crystalline meth dissolved/ suspended post-use and should not count as "liquid form" for felony weighting; Smith should be overturned | Statute's plain language and Smith permit inclusion of pourable liquid containing meth and weight of the carrier; lab testified pourable = liquid | Conviction sustained: lab evidence showed a pourable liquid testing positive for methamphetamine; statutory text and precedent (Smith) control |
Key Cases Cited
- Cordova v. State, 33 P.3d 142 (Wyo. 2001) (affidavit requirement under Wyoming Constitution)
- TJS v. State, 113 P.3d 1054 (Wyo. 2005) (probable cause and informant reliability principles)
- Rohda v. State, 142 P.3d 1155 (Wyo. 2006) (self-verifying informant detail and probable cause analysis)
- Schirber v. State, 142 P.3d 1169 (Wyo. 2006) (factors for assessing informant credibility)
- Franks v. Delaware, 438 U.S. 154 (U.S. 1978) (preliminary showing required to obtain hearing for alleged false statements in affidavit)
- Barker v. Wingo, 407 U.S. 514 (U.S. 1972) (four-factor test for constitutional speedy trial claim)
- Smith v. State, 964 P.2d 421 (Wyo. 1998) (including weight of carrier / bong water in controlled-substance weight for offense classification)