401 P.3d 914
Wyo.2017Background
- In June 2014 Clint Webb allegedly drove his truck into his estranged wife’s vehicle, fled, then later drove into a yard and nearly struck her; he was arrested after turning himself in in Nevada.
- State initially charged Webb with aggravated assault with a deadly weapon; the State dismissed and refiled twice, eventually adding attempted second-degree murder and property-destruction counts.
- Webb demanded a speedy trial, underwent competency evaluations, and his week-long jury trial began July 27, 2015; the jury convicted on all counts.
- Webb appealed raising six principal claims: violation of W.R.Cr.P. 48 (speedy-trial rule) due to dismissal/refiling; violation of constitutional speedy-trial rights; prosecutorial misconduct in closing; ineffective assistance for not requesting an accident instruction; plain error in a malice-inference jury instruction; and double jeopardy from convictions for both aggravated assault (deadly weapon) and attempted second-degree murder.
- The Wyoming Supreme Court affirmed: Rule 48(b)(7) did not bar refiling because the earlier dismissal was not for lack of speedy trial; Barker factors did not show constitutional violation; no plain error or prejudice from prosecution’s closing or jury instruction; ineffective-assistance claim failed for lack of shown prejudice; and convictions did not violate double jeopardy under the Blockburger test.
Issues
| Issue | Webb's Argument | State's Argument | Held |
|---|---|---|---|
| 1. W.R.Cr.P. 48 dismissal/refiling | Rule 48(b)(7) prevents refiling after dismissal when defendant demanded speedy trial | Rule 48(b)(7) applies only where dismissal was for lack of speedy trial; here dismissal occurred well within 180 days and thus refiling was allowed | Held for State: no Rule 48 violation because dismissal was not for lack of speedy trial and Rule 48(b)(7) inapplicable |
| 2. Constitutional speedy trial (Sixth & WY Const.) | Total delay (~396 days) and refilings violated constitutional right | Delay attributable partly to Webb (fleeing, defense scheduling requests, competency evaluations neutral), and Webb failed to show prejudice | Held for State: Barker factors balanced against Webb; no constitutional violation |
| 3. Prosecutorial misconduct in closing | Prosecutor misstated law by suggesting defense expert should have addressed case specifics | Closing used expert’s general points to refocus jury on physical evidence; isolated remark not prejudicial | Held for State: no plain error; statement not a clear, prejudicial violation |
| 4. Ineffective assistance — no accident instruction | Counsel deficient for not requesting accident instruction; omission prejudiced Webb | Webb cannot show reasonable probability of different outcome; jury instructions already allowed accident defense argument | Held for State: no prejudice shown; ineffective-assistance claim fails |
| 5. Malice-inference jury instruction (plain error) | Instruction allowing inference of malice from use of deadly weapon conflicts with refined definition of malice | Instruction is longstanding and recently-approved precedent; not a clear legal error | Held for State: no plain error; instruction permissible where facts allow inference |
| 6. Double jeopardy (aggravated assault + attempted murder) | Convictions violate double jeopardy because both arise from same act (driving through yard) | Under Blockburger, each offense requires an element the other does not (malice vs. use of deadly weapon) | Held for State: no double jeopardy violation under Blockburger; convictions and sentences may stand |
Key Cases Cited
- Barker v. Wingo, 407 U.S. 514 (1972) (establishes four-factor speedy-trial balancing test)
- Blockburger v. United States, 284 U.S. 299 (1932) (same-elements test for double jeopardy)
- Bordenkircher v. Hayes, 434 U.S. 357 (1978) (prosecutor may threaten more serious charges after plea rejection without violating due process)
- Hall v. State, 911 P.2d 1364 (Wyo. 1996) (refiling restarts speedy-trial period where prior dismissal did not include a written demand protection)
- Jones v. State, 384 P.3d 260 (Wyo. 2016) (aggravated assault with deadly weapon and attempted second-degree murder do not merge under Blockburger)
- Wilkerson v. State, 336 P.3d 1188 (Wyo. 2014) (refinement of malice definition in Wyoming homicide law)
- Rhodes v. State, 348 P.3d 404 (Wyo. 2016) (speedy-trial principles; tacking of successive charges for constitutional clock analysis)