Court Summaries
| Jurisdiction | Wyoming,United States |
| Citation | Vol. 36 No. 5 Pg. 46 |
| Pages | 46 |
| Publication year | 2013 |
P. Craig Silva, Williams, Porter, Day & Neville P.C.
JB v. State of Wyoming
2013 WY 85
No. S-12-0239
July 12, 2013
This case involves the transfer of a case from adult court to juvenile court. JB is a minor who was charged with nine felonies and was charged as an adult. JB was 15 at the time the crimes were committed. He filed a motion to transfer the case from adult court to juvenile court. The motion was denied. He took an interlocutory appeal on the propriety of the denial. The Wyoming Supreme Court reversed.
The single issue is whether the district court improperly placed the burden of persuasion on JB rather than on the State. The factual allegations are that J B assisted three adults in their plan to rob and kill two victims in their home. JB was the lookout and messenger, and he allegedly struck one of the victims on the head with a dresser drawer. JB claims that he did not participate in the planning of the crimes but was coerced into the conduct by the adults. He further claims that he is developmentally challenged and immature and would likely benefit from the rehabilitative services of the facilities available to him should he remain in juvenile court.
Under the Juvenile Justice Act, cases against minors 14 or older who are charged with violent felonies may be commenced either in the juvenile court or the district court. A minor being prosecuted in the district court may seek to have the proceedings transferred to juvenile court. The factors considered by the district court on whether a case should be transferred include (1) the seriousness of the alleged offense and protection of the community; (2) whether the offense was aggressive, violent, or premeditated; (3) whether the offense was against persons or property; (4) the sophistication or maturity of the juvenile; (5) the criminal history of the juvenile; and (6) the likelihood of reasonable rehabilitation. The district court issued a 16-page decision letter, in which all of the above aforementioned factors were outlined, but the burden of persuasion was assigned to JB.
The Wyoming Juvenile Justice Act does not assign the burden of proof or persuasion, so the courts must do so. In a transfer proceeding, as found in this case, the burden of persuasion is on the State.
That means the State is assigned the burden of persuading the court that the evidence supporting the factors justifies the trial of the juvenile in district court. It doesn't necessarily mean that the State has the burden of proof. The term "burden of proof" has two related components. The first is the burden of producing evidence, and the second is the burden of persuasion. In these proceedings, the burden of persuasion is on the State. Therefore, the State wins only if, on the basis of the evidence, the facts seem more likely to be true than not in favor of the State. The error in this case is that the district court placed the burden of persuasion on JB.
Gosar's Unlimited, Inc., v. Wyoming Public Service Commission
2013 WY 90
S-12-0194
July 19, 2013
This case determined whether a private trailer court providing water to its tenants qualifies as a public utility. Gosar Unlimited, Inc. owns and operates two mobile home parks in Sweetwater County. Traditionally, Gosar's included the cost of water in the rent it charged tenants. It purchased this water from the City of Rock Springs. In 2000, Gosar's installed water meters to each trailer and started charging each tenant for water used. Gosar did not provide water to anyone other than its tenants. The question was whether Gosar's was a public utility subject to regulation through the Public Service Commission. The district court held Gosar's to be a public...
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