Michael Lee Cooper v. The State of Wyoming, 319 P.3d 914

Cooper was convicted of aggravated assault and battery for threatening to use a drawn deadly weapon against Kirk Rodabaugh.
Cooper claimed ineffective assistance of counsel, alleging failure to retain an expert on distances/trajectory.
District court conducted an evidentiary remand on the ineffective-assistance claim and heard from a trajectory/accident reconstruction expert.
Defense counsel relied on cross-examination and internet-driven calculations to address distances rather than calling an expert.
Trial evidence included Cooper brandishing a gun, cocking/loading, and shooting during the confrontation with the Rodabaughs, with conflicting eyewitness distances.
Court granted a partial remand and later concluded trial counsel’s performance was deficient and prejudiced Cooper, necessitating a new trial.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Was Cooper denied effective assistance of counsel?	Cooper’s trial counsel failed to hire an expert on distance/trajectory.	State argues counsel’s strategy was reasonable and no prejudice shown.	Yes; deficient performance prejudiced Cooper; new trial required.
Was the self-defense jury instruction correct?	Instruction did not align with statutory self-defense standard for threatening with a drawn weapon.	Instruction complied with prior Wyoming law; plain-error review applies.	Plain error; instruction will be revised on remand.
Was the evidence sufficient to sustain the verdict?	Evidence supports a threat to use a drawn weapon.	Evidence insufficient to show a threat.	Evidence sufficient to support verdict.

Johnston v. State, 747 P.2d 1132 (Wyo. 1987) (defined ‘threatens to use’ under § 6-2-502(a)(iii))
Miller v. State, 67 P.3d 1191 (Wyo. 2003) (threat may be nonverbal; aiming/holding a drawn weapon can constitute a threat)
Drennen v. State, 311 P.3d 116 (Wyo. 2013) (statutory self-defense governs threats with drawn weapons; retreat/reasonableness questions are for the jury)
Ken v. State, 267 P.3d 567 (Wyo. 2011) (sufficiency review standard for convictions)
Osborne v. State, 285 P.3d 248 (Wyo. 2012) (ineffective-assistance standard; prejudice required)