Legal Opinion · Dissent

Ostwald v. State

Wyoming Supreme Court

Decided July 21, 1975No. 4374, 4467Published

1DissentMcCLINTOCIC, Justice

At the outset of this dissent I must reject the view of the majority that the sweep of statements in Norton1 and Siebold 2 “is deceiving.” I must also reject the majority view that Linkletter'3 “laid to rest as out of tune with the times the concept of Norton * * *While Chicot,4 a case involving the invalidity of a state statute, states that the observations of Norton “must be taken with qualifications,” which statement is reiterated in Linkletter, I believe that the Siebold rule has been recognized, accepted, and applied by this Court in Miskimins v. Shaver, 8 Wyo. 392, 58 P. 411, 49 L.R.A.…

2Cases cited33 opinions

  1. Mapp v. OhioSupreme Court of the United States · 1961
  2. Gideon v. WainwrightSupreme Court of the United States · 1963
  3. Gideon v. WainwrightSupreme Court of the United States · 1963
  4. Stovall v. DennoSupreme Court of the United States · 1967
  5. Jackson v. DennoSupreme Court of the United States · 1964

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