Hoskins v. State

Decision Date13 September 1976
Docket NumberNo. 4534,4534
Citation553 P.2d 1390
PartiesJames HOSKINS, Appellant (Defendant below), v. The STATE of Wyoming, Appellee (Plaintiff below).
CourtWyoming Supreme Court
ORDER

GUTHRIE, Chief Justice.

The court having examined the application for rehearing of 552 P.2d 342, heretofore filed herein by appellant, and being fully advised,

IT IS ORDERED that said application be and the same is hereby denied.

Justices McCLINTOCK and ROSE ask that the record reflect that they have dissented from the majority opinion and upon rehearing have examined the record, the opinion, and the grounds relied upon in the petition.

Justices McCLINTOCK and ROSE find that there are no new facts or propositions of law relied upon in the petition for rehearing which were not originally considered by the court in the case on appeal and, therefore, for this reason and only for this reason, they would deny the petition for rehearing.

They find the rule applicable to such matter to have been expressed by this court in Town of Glenrock v. Chicago & North Western Ry. Co., 73 Wyo. 385, 281 P.2d 455, and is, in effect, that where the only reason advanced for a rehearing is reargument and repetition of counsel's views, which have already received consideration, the supreme court will not grant a rehearing.

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23 cases
  • Richter v. State
    • United States
    • United States State Supreme Court of Wyoming
    • March 18, 1982
    ...advanced for rehearing is reargument of counsel's views formerly considered by this court we will not grant a rehearing. Hoskins v. State, Wyo., 553 P.2d 1390 (1976); Town of Glenrock v. Chicago & North Western Ry. Co., 73 Wyo. 385, 281 P.2d 455 (1955); Mayor v. Board of Land Commissioners,......
  • Burke v. State
    • United States
    • United States State Supreme Court of Wyoming
    • December 3, 1987
    ...of the trial court at that time to appoint an attorney is not understood. Hoskins v. State, Wyo., 552 P.2d 342, 350, reh. denied 553 P.2d 1390 (1976), cert. denied 430 U.S. 956, 97 S.Ct. 1602, 51 L.Ed.2d 806 (1977); State v. Henry, supra, 733 S.W.2d Thereafter, on July 8, Tammy Burke, havin......
  • Duffy v. State
    • United States
    • United States State Supreme Court of Wyoming
    • July 28, 1992
    ...contendere. We essentially have adopted the tests articulated in Powell and Wade. In Hoskins v. State, 552 P.2d 342, reh'g denied, 553 P.2d 1390 (Wyo.1976), cert. denied, 430 U.S. 956, 97 S.Ct. 1602, 51 L.Ed.2d 806 (1977), the Court gave instructions to a deadlocked jury, after it had been ......
  • Stephens v. State
    • United States
    • United States State Supreme Court of Wyoming
    • May 3, 1989
    ...been done.' " Short v. Spring Creek Ranch, Inc., 731 P.2d 1195, 1200 (Wyo.1987), quoting Hoskins v. State, 552 P.2d 342, reh. denied 553 P.2d 1390 (Wyo.1976), cert. denied 430 U.S. 956, 97 S.Ct. 1602, 51 L.Ed.2d 806 (1977), which cited State v. Riggle, 76 Wyo. 1, 298 P.2d 349, reh. denied 3......
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