AJ, In Interest of, No. C-86-3

CourtUnited States State Supreme Court of Wyoming
Writing for the CourtBefore BROWN; BROWN; URBIGKIT
Citation736 P.2d 721
Decision Date01 May 1987
Docket NumberNo. C-86-3
PartiesIn the Interest of AJ, a Minor. Appeal of The STATE of Wyoming, Appellant (Petitioner).

Page 721

736 P.2d 721
In the Interest of AJ, a Minor.
Appeal of The STATE of Wyoming, Appellant (Petitioner).
No. C-86-3.
Supreme Court of Wyoming.
May 1, 1987.

A.G. McClintock, Atty. Gen., Peter J. Mulvaney, Deputy Atty. Gen., Richard E. Dixon, Asst. Atty. Gen., for appellant.

Karen Maurer, County and Pros. Atty., Laramie, for appellee.

Tony S. Lopez, Laramie, guardian ad litem.

Maureen D. Rogers, Asst. Dist. Atty., Cheyenne, for amicus curiae.

Page 722

Before BROWN, C.J., and THOMAS, CARDINE, URBIGKIT and MACY, JJ.

ORDER DISMISSING APPEAL

BROWN, Chief Justice.

This case came on before the Court as an appeal regularly filed, docketed, briefed and argued, and the Court having considered the file and record of the court, the briefs of the parties and the amicus curiae, and the arguments of counsel for the parties and the amicus curiae, finds that the substantive question presented by the appeal has become moot because of the occurrence of an event which makes a determination of the issues unnecessary; any judgment of the court could not be carried into effect; any opinion of the court would be advisory only; and the case should be dismissed for the following reasons:

AJ, a minor child, was presented to the District Court of the Second Judicial District of the State of Wyoming in and for Albany County by a petition filed pursuant to § 14-6-212, W.S.19771 (July 1986 Rev.), alleging that the child was a "child in need of supervision" as defined in § 14-6-201, W.S.1977 (July 1986 Rev.). In the regular course of proceedings, AJ appeared with her attorney and guardian ad litem, admitted the truth of the allegations contained in the petition and her temporary legal custody was transferred to the Albany County Office of Public Assistance and Social Services. A formal evaluation was ordered pursuant to the provisions of § 14-6-219(a), W.S.1977 (July 1986 Rev.), and the court also required that a predisposition study and report be furnished by the Albany County Office of Public Assistance and Social Services pursuant to § 14-6-227, (a)(i), W.S.1977 (July 1986 Rev.). Following interim proceedings and modifications of the court's order, an order of final disposition was entered on February 3, 1986. Disposition was made pursuant to the provisions of § 14-6-229(a), W.S.1977 (July 1986 Rev.), and the court made appropriate findings pursuant to § 21-13-315, W.S.1977 (July 1986 Rev.). It ordered that AJ be placed at the Excelsior Youth Center, Denver, Colorado, for such period as the staff psychiatrist at that institution deemed necessary to complete a treatment program for the child; that the Albany County Office of Public Assistance and Social Services continue as the legal custodian of AJ; and that the State Department of Public Assistance and Social Services certify funding for the program at Excelsior Youth Center.

The State of Wyoming processed an appeal from that order which is the case before the Court. The issue as articulated by the State in its brief of...

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9 practice notes
  • Natrona County School Dist. No. 1 v. Ryan, Nos. 88-13
    • United States
    • United States State Supreme Court of Wyoming
    • 15 d2 Novembro d2 1988
    ...be avoided because the adversary system does not function as contemplated in the absence of a case or controversy. In the Interest of AJ, 736 P.2d 721, 723 Appellate courts, including trial courts in an appellate role, will not render decisions which cannot be carried into effect. Northern ......
  • Operation Save Am. v. City of Jackson, Mun. Corp., No. S–11–0149.
    • United States
    • United States State Supreme Court of Wyoming
    • 10 d2 Abril d2 2012
    ...have an impact on the parties." MEO, ¶ 27, 138 P.3d at 1153–54 (quoting Southwestern Pub. Serv. Co., 978 P.2d at 1143);see also In re AJ, 736 P.2d 721, 723 (Wyo.1987) ("Courts do not sit for the purpose of expounding the law upon abstract questions, but to determine the rights of litigants ......
  • Wyoming Coalition v. Wyoming Game & Fish Com'n, No. 93-168
    • United States
    • United States State Supreme Court of Wyoming
    • 6 d1 Junho d1 1994
    ...778 P.2d 118 (Wyo.1989); Graham v. Wyoming Peace Officer Standards and Training Comm'n, 737 P.2d 1060 (Wyo.1987); In Interest of AJ, 736 P.2d 721 (Wyo.1987); Gulf Oil Corp. v. Wyoming Oil and Gas Conservation Comm'n, 693 P.2d 227 (Wyo.1985); Walker v. Bd. of County Comm'rs of Albany County,......
  • United Mine Workers of America Local 1972 v. Decker Coal Co., Nos. 88-42
    • United States
    • United States State Supreme Court of Wyoming
    • 19 d5 Maio d5 1989
    ...of this kind. In our judgment, the parties' agreement and the modification order render these additional issues moot. In Interest of AJ, 736 P.2d 721, 723 (Wyo.1987). Cf., Honig v. Doe, 484 U.S. 305, 108 S.Ct. 592, 601, 98 L.Ed.2d 686 (1988). Accordingly, we decline to consider On October 1......
  • Request a trial to view additional results
9 cases
  • Natrona County School Dist. No. 1 v. Ryan, Nos. 88-13
    • United States
    • United States State Supreme Court of Wyoming
    • 15 d2 Novembro d2 1988
    ...be avoided because the adversary system does not function as contemplated in the absence of a case or controversy. In the Interest of AJ, 736 P.2d 721, 723 Appellate courts, including trial courts in an appellate role, will not render decisions which cannot be carried into effect. Northern ......
  • Operation Save Am. v. City of Jackson, Mun. Corp., No. S–11–0149.
    • United States
    • United States State Supreme Court of Wyoming
    • 10 d2 Abril d2 2012
    ...have an impact on the parties." MEO, ¶ 27, 138 P.3d at 1153–54 (quoting Southwestern Pub. Serv. Co., 978 P.2d at 1143);see also In re AJ, 736 P.2d 721, 723 (Wyo.1987) ("Courts do not sit for the purpose of expounding the law upon abstract questions, but to determine the rights of litigants ......
  • Wyoming Coalition v. Wyoming Game & Fish Com'n, No. 93-168
    • United States
    • United States State Supreme Court of Wyoming
    • 6 d1 Junho d1 1994
    ...778 P.2d 118 (Wyo.1989); Graham v. Wyoming Peace Officer Standards and Training Comm'n, 737 P.2d 1060 (Wyo.1987); In Interest of AJ, 736 P.2d 721 (Wyo.1987); Gulf Oil Corp. v. Wyoming Oil and Gas Conservation Comm'n, 693 P.2d 227 (Wyo.1985); Walker v. Bd. of County Comm'rs of Albany County,......
  • United Mine Workers of America Local 1972 v. Decker Coal Co., Nos. 88-42
    • United States
    • United States State Supreme Court of Wyoming
    • 19 d5 Maio d5 1989
    ...of this kind. In our judgment, the parties' agreement and the modification order render these additional issues moot. In Interest of AJ, 736 P.2d 721, 723 (Wyo.1987). Cf., Honig v. Doe, 484 U.S. 305, 108 S.Ct. 592, 601, 98 L.Ed.2d 686 (1988). Accordingly, we decline to consider On October 1......
  • Request a trial to view additional results

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