other charges which necessitated a change in

Wyoming Rules of Criminal Procedure

Rule: 49

Jurisdiction: WY

Bluebook Citation: Wyo. R. Crim. P. 49

counsel. Taylor v. State, 2001 WY 13, 17 P.3d 715, 2001 Wyo. LEXIS 14 (Wyo. 2001), reh’g denied, 2001 Wyo. LEXIS 37 (Wyo. Mar. 12, 2001). Even though defendant was originally in- dicted on a murder charge in 1980, yet not brought to trial until 2004, defendant’s right to a speedy trial under Wyo. R. Crim. P. 48(b) was not violated, where defendant expressly waived the speedy trial requirements of the rule. Hum- phrey v. State, 2008 WY 67, 185 P.3d 1236, 2008 Wyo. LEXIS 69 (Wyo. 2008). This rule not exclusive on question of speedy trial. — It is possible for a defendant to be tried within time limits of this rule and still suffer a constitutional deprivation due to delay which seriously prejudices his defense. Jen- nings v. State, 4 P.3d 915, 2000 Wyo. LEXIS 113 (Wyo. 2000). Good faith in moving to dismiss. — Be- cause it was unclear whether the State acted in good faith in moving to dismiss, the district court was directed to conduct such proceedings as were necessary to determine whether the State acted in bad faith in seeking dismissal; docket pressure alone did not permit a district judge to deny the State’s motion, especially since disservice to the public interest had to be found, if at all, in the State’s motive, because district judges historically sat for each other as necessary. State v. Bridger, 2014 Wyo. LEXIS 193 (Wyo. June 17, 2014). The State improperly invoked Wyo. R. Crim. P. 48(a) to gain tactical advantage and over- come the shortcomings of its own making after filing two separate informations charging de- fendant with multiple offenses and later seek- ing to join the charges with an untimely mo- tion; because the State did not offer a good faith basis for its motion to dismiss, the district court abused its discretion in granting the dismissal without prejudice. Carabajal v. State, 2020 WY 104, 469 P.3d 389, 2020 Wyo. LEXIS 120 (Wyo. 2020). Subtraction of delay attributable to de- fendant. — The government did not bear the blame for delays following defendant’s motions for a change in judges and objecting to extend- ing the speedy trial date, and these delays were subtracted from the computation of the time between the date of arrest and the time of trial. McDaniel v. State, 945 P.2d 1186, 1997 Wyo. LEXIS 127 (Wyo. 1997). Law reviews. — For case note, “Criminal Procedure — The Elimination of Dismissals for Lack of Prosecution from Wyoming Intermedi- ate Appeals. Wood v. City of Casper, 660 P.2d 1163 (Wyo. 1983),” see XIX Land & Water L. Rev. 301 (1984). For article, “Juvenile Injustice in Wyoming,” see 4 Wyo. L. Rev. 669 (2004).

Chat with this court rule using AI

Ask CiteLaw's AI Navigator anything about this court rule, verify citations, and research related authorities. Sign up for CiteLaw free today to get started.