Washington v. State
2011 WY 132
| Wyo. | 2011Background
- Washington, a confidential informant for the Wyoming DCI, was arrested for shoplifting and later agreed to participate in a controlled buy.
- On March 31, 2010, Washington signed a CI agreement; he was orally and physically directed on the terms, including not handling contraband unless authorized.
- During a controlled buy on April 20, 2010, Washington’s vehicle and person were searched, revealing multiple drugs in his car and in a sock under the seat, leading to seven drug-possession charges.
- Before trial, Washington moved to compel discovery of the CI policy manual; the district court conducted an in camera review and denied the motion.
- The CI policy manual and the signed CI agreement were sealed for appellate purposes; the agreement was introduced at trial and/or available to the defense, which cross-examined using it.
- The district court later entered a Modified Judgment and Sentence that incorrectly stated a guilty plea and omitted required Rule 32(b)(2) elements; this was discovered on appeal.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was discovery of the CI agreement and policy manual improperly denied? | Washington contends the policy manual and agreement are material to defense. | Wyoming argues the policy manual is irrelevant and dangerous to disclose; the agreement was accessible. | Discovery denial not an abuse; policy manual not material; agreement access undisputed. |
| What is the effect of noncompliance with W.R.Cr.P. 32 in the Modified Judgment and Sentence? | Noncompliance requires remand or reversal. | Omission is clerical; remand to amend suffices. | Noncompliance is clerical; remand to amend the Modified Judgment and Sentence to meet Rule 32. |
Key Cases Cited
- Ceja v. State, 208 P.3d 66 (Wy. 2009) (discovery right to present a defense; standard abuse of discretion)
- Dysthe v. State, 63 P.3d 875 (Wy. 2003) (defense rights and discovery considerations)
- Nelson v. State, 202 P.3d 1072 (Wy. 2009) (materiality standard for excluded evidence)
- Glover v. Crayk, 122 P.3d 955 (Wy. 2005) (clerical vs judicial error in judgments; correction authority)
- Spomer v. Spomer, 580 P.2d 1146 (Wy. 1978) (clerical errors and correction principles)
- Dickson v. State, 903 P.2d 1019 (Wy. 1995) (adjudication of guilt and conviction essential to sentencing)
- Eddy v. First Wyo. Bank, N.A.-Lander, 713 P.2d 228 (Wy. 1986) (remedial correction of deviations from the instrument of judgment)