Duffy v. State

Honest and deep-seated philosophic conflict with the conclusions of my brethren involving the intrinsic status of democratic government and separation of powers, defined by Art. 2 of the Wyoming Constitution, causes me to dissent most forcefully.

The decision in this case is constitutionally far broader than the simple fact of the long-term penitentiary confinement for Scott Duffy resulting from his telephone calls from a confinement facility in Castle Rock, Colorado.

First, this court creates determinate sentencing in direct contravention of the Wyoming indeterminate sentencing statutes,…