Legal Opinion · Dissent

Birr v. State

Wyoming Supreme Court

Decided November 4, 1987No. 86-325Published

1DissentUrbigkit, Justice

Cause to wonder exists about the real advocacy in this appeal, since appellant, under present law, will spend the rest of his life in prison subject only to commutation. As I contemplate the wisdom of future governors as they may observe our attention to this tail-ender robbery sentence, it likely will have no practical effect on their exercised judgment under the constitutionally provided commutation power considering this case where appellant was involved in a course of conduct resulting in two murders. The only sentence not subject to commutation is the executed death penalty.

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2Cases cited40 opinions

  1. Blockburger v. United StatesSupreme Court of the United States · 1931
  2. Brown v. OhioSupreme Court of the United States · 1977
  3. Missouri v. HunterSupreme Court of the United States · 1983
  4. Whalen v. United StatesSupreme Court of the United States · 1980
  5. Illinois v. VitaleSupreme Court of the United States · 1980

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