Steven A. Deloge v. State
2017 WY 71
Wyo.2017Background
- Steven DeLoge, convicted in 2000 after pleading guilty to six counts of second-degree sexual assault, received six consecutive life sentences; his convictions and multiple subsequent appeals are summarized in prior reported opinions.
- DeLoge filed a pro se W.R.Cr.P. 36 motion asking the district court to correct the spelling of his surname in the Judgment and Sentence from "DELOGE" to either "DeLoge" or "De Loge."
- The district court denied relief, explaining that capitalization in captions is conventional emphasis and not a clerical error.
- On appeal, DeLoge conceded that the form "DeLoge" (no space) is acceptable and noted federal courts had used that form in earlier filings.
- The Wyoming Supreme Court held there was no clerical error in the Judgment and Sentence and affirmed the denial of the Rule 36 motion.
- The Court additionally proposed pre-filing restrictions on DeLoge in state courts for future filings related to his criminal case unless he first obtains leave, and afforded him ten days to object.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether capitalization/spacing of surname in Judgment is a clerical error under W.R.Cr.P. 36 | DeLoge argued the court failed to designate his legal name as "De Loge" (or alternatively "DeLoge") and sought correction | District court (and State) argued capitalization in captions is conventional emphasis and the Judgment clearly identified the defendant; no clerical error | No clerical error; Rule 36 relief denied — "DELOGE" or "DeLoge" is not a mistake requiring correction |
| Whether court may impose filing restrictions on DeLoge | DeLoge did not dispute restrictions but may oppose them on timeliness or scope | Court argued repeated, exhausted filings justify pre-filing restrictions and set procedures for seeking permission to file | Court ordered show cause and proposed restrictions requiring a listing of prior filings and an affidavit; gave DeLoge 10 days to object |
Key Cases Cited
- DeLoge v. State, 55 P.3d 1233 (Wyo. 2002) (affirming convictions and sentence)
- DeLoge v. State, 123 P.3d 573 (Wyo. 2005) (post-conviction and related motion review)
- DeLoge v. State, 156 P.3d 1004 (Wyo. 2007) (review of property return denial)
- DeLoge v. State, 231 P.3d 862 (Wyo. 2010) (review of motion to return property)
- DeLoge v. State, 289 P.3d 776 (Wyo. 2012) (affirming denial of motion to correct illegal sentence)
- DeLoge v. Homar, 297 P.3d 117 (Wyo. 2013) (action concerning confiscation of property)
- DeLoge v. Wyoming, 562 U.S. 971 (U.S. 2010) (federal proceeding referenced regarding name form used in filings)