Hayes v. State, Nos. 5062

CourtUnited States State Supreme Court of Wyoming
Citation599 P.2d 569
Decision Date05 September 1979
PartiesMike Leanard HAYES, Appellant (Defendant below), v. The STATE of Wyoming, Appellee (Plaintiff below). WYOMING PUBLIC DEFENDER PROGRAM, Appellant, v. JOHNSON COUNTY, Wyoming, Appellee.
Docket Number5149,Nos. 5062

Page 569

599 P.2d 569
Mike Leanard HAYES, Appellant (Defendant below),
v.
The STATE of Wyoming, Appellee (Plaintiff below).
WYOMING PUBLIC DEFENDER PROGRAM, Appellant,
v.
JOHNSON COUNTY, Wyoming, Appellee.
Nos. 5062, 5149.
Supreme Court of Wyoming.
Sept. 5, 1979.

Page 570

Gerald M. Gallivan, Director, Wyo. Defender Aid Program (argued), Laramie, Frank R. Chapman, Public Defender, Casper, and Kurt Kelly, Student Intern, Laramie, appeared on brief for appellant in No. 5062.

Gay V. Bartels, Asst. Atty. Gen. (argued), John D. Troughton, Atty. Gen., Gerald A. Stack, Deputy Atty. Gen., appeared on brief for appellee in No. 5062.

Richard H. Honaker, Asst. Atty. Gen., Appellate Counsel, Wyo. Public Defender Program, Cheyenne, submitted the brief for appellant in No. 5149.

No timely appearance for appellee in No. 5149.

ORDER VACATING DISTRICT COURT ORDERS

After examination of the records in the above-entitled appeals, the court finds and concludes:

1. No. 5149 arose in the trial court out of the case of State of Wyoming v. Mike Leanard Hayes, No. 78-4 CR-7 in the District Court, Fourth Judicial District, Johnson County. That case has been on appeal in this court, having been filed and docketed here on December 22, 1978, captioned Hayes v. State, No. 5062, and on August 16, 1979, an opinion, 599 P.2d 558, was handed down affirming the trial court's judgment and sentence. The mandate has not issued, so the appeal in No. 5062 is still pending before this court. The within appeal, No. 5149, is taken from an order of the district court in a matter incident to the trial of No. 5062 but not related to the guilt or innocence of the defendant Hayes, made and entered April 4, 1974. No. 5149 is not only inappropriately titled but taken from an order of the district court made and entered when it had no jurisdiction in the case, in that upon docketing in this court the case was under the jurisdiction of this court. Rule 73(h), W.R.C.P.; Rule 3.01, WRAP. The judgment and sentence was made prior to the effective date of the Wyoming Rules of Appellate Procedure.

2. This court has inherent power to control proceedings before it and under its jurisdiction and can and will summarily raise and dispose of questions arising with respect to jurisdiction. The supreme court has the duty to consider the integrity of an appeal addressed to jurisdictional defect, even though not called to its attention by any litigant. Jackson v. State, Wyo.1976, 547 P.2d 1203.

3. Timothy J. Kirven was appointed to defend the defendant in the district court and, upon completion of his assignment, submitted vouchers to Johnson County for payment of fees and expenses associated with the defense of Hayes.

4. The Johnson County and Prosecuting Attorney, on behalf of Johnson County, on February 6, 1979, filed a...

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18 practice notes
  • Rios v. State, No. 85-276
    • United States
    • United States State Supreme Court of Wyoming
    • February 24, 1987
    ...State, Wyo., 658 P.2d 1297, 1300, n. 3 (1983), citing Matter of Estate of Harrington, Wyo., 648 P.2d 556 (1982), and Hayes v. State, Wyo., 599 P.2d 569 Rios frames his constitutional concern in the context of the language of the Sixth Amendment to the Constitution of the United States which......
  • Harrington's Estate, Matter of, No. 5606
    • United States
    • United States State Supreme Court of Wyoming
    • July 22, 1982
    ...a reviewing court upon its own motion. Williams v. Public Service Commission of Wyoming, Wyo., 626 P.2d 564 (1981); Hayes v. State, Wyo., 599 P.2d 569 (1979); Merritt v. Merritt, Wyo., 586 P.2d 550 (1978); Pritchard v. State Division of Vocational Rehabilitation, Department of Health and So......
  • Fulcher v. State, No. 5466
    • United States
    • United States State Supreme Court of Wyoming
    • August 26, 1981
    ...of record for the State in this appeal. The stipulation, therefore, will not be considered by this Court. See also, Hayes v. State, Wyo., 599 P.2d 569 (1979) and Tobin v. Purcel, Wyo., 539 P.2d 361 We hold that the trial court properly received and considered evidence of unconsciousness abs......
  • Lindsey v. State, No. 85-264
    • United States
    • United States State Supreme Court of Wyoming
    • September 16, 1986
    ...v. Basin Electric Power Corporation, Wyo., 628 P.2d 530 (1981); Barnard v. Wendling, Wyo., 627 P.2d 603 (1981); Hayes v. State, Wyo., 599 P.2d 569 (1979); Boggs v. State, Wyo., 589 P.2d 839 (1979); Peterson v. State, Wyo., 586 P.2d 144 (1978); Daellenbach v. State, Wyo., 562 P.2d 679 (1977)......
  • Request a trial to view additional results
18 cases
  • Rios v. State, No. 85-276
    • United States
    • United States State Supreme Court of Wyoming
    • February 24, 1987
    ...State, Wyo., 658 P.2d 1297, 1300, n. 3 (1983), citing Matter of Estate of Harrington, Wyo., 648 P.2d 556 (1982), and Hayes v. State, Wyo., 599 P.2d 569 Rios frames his constitutional concern in the context of the language of the Sixth Amendment to the Constitution of the United States which......
  • Harrington's Estate, Matter of, No. 5606
    • United States
    • United States State Supreme Court of Wyoming
    • July 22, 1982
    ...a reviewing court upon its own motion. Williams v. Public Service Commission of Wyoming, Wyo., 626 P.2d 564 (1981); Hayes v. State, Wyo., 599 P.2d 569 (1979); Merritt v. Merritt, Wyo., 586 P.2d 550 (1978); Pritchard v. State Division of Vocational Rehabilitation, Department of Health and So......
  • Fulcher v. State, No. 5466
    • United States
    • United States State Supreme Court of Wyoming
    • August 26, 1981
    ...of record for the State in this appeal. The stipulation, therefore, will not be considered by this Court. See also, Hayes v. State, Wyo., 599 P.2d 569 (1979) and Tobin v. Purcel, Wyo., 539 P.2d 361 We hold that the trial court properly received and considered evidence of unconsciousness abs......
  • Lindsey v. State, No. 85-264
    • United States
    • United States State Supreme Court of Wyoming
    • September 16, 1986
    ...v. Basin Electric Power Corporation, Wyo., 628 P.2d 530 (1981); Barnard v. Wendling, Wyo., 627 P.2d 603 (1981); Hayes v. State, Wyo., 599 P.2d 569 (1979); Boggs v. State, Wyo., 589 P.2d 839 (1979); Peterson v. State, Wyo., 586 P.2d 144 (1978); Daellenbach v. State, Wyo., 562 P.2d 679 (1977)......
  • Request a trial to view additional results

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