(e) If trial court denies the motion, appellant may file a notice of appeal to
Wyoming Rules of Appellate Procedure
Rule: 29
Jurisdiction: WY
Bluebook Citation: Wyo. R. App. P. 29
challenge the trial court’s order denying the motion. When such an appeal is docketed in the appellate court, that appeal shall be consolidated with the initial direct appeal. If the appellant does not appeal from the trial court’s order denying the motion, the clerk of the appellate court shall notify the parties of a new briefing schedule for the initial appeal. History: Added April 6, 2015, effective July 1, 2015. Failure to file motion. — Defendant was prejudiced by defense counsel’s deficient perfor- mance for failing to timely file a new trial motion. On remand pursuant to this rule, the district court held that it would have granted the motion in the interest of justice, because defendant’s conviction for attempted first de- gree murder was contrary to the weight of the evidence. Ken v. State, 2011 WY 167, 267 P.3d 567, 2011 Wyo. LEXIS 173 (Wyo. 2011). Failure to request competency evalua- tion. — Trial court did not err in denying defendant’s motion to withdraw his no-contest plea based on trial counsel’s failure to request a competency evaluation of defendant, because while defendant made delusional statements while in jail, those symptoms did not persist, so that from the time he was released on bond
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