Legal Opinion

Birch v. State

Wyoming Supreme Court

Decided July 3, 2018No. S-17-0289PublishedCited by 16 opinions

1Opinion of the Court

KAUTZ, Justice.

[¶1] A jury convicted Don Birch of aggravated assault and battery and breach of peace. Mr. Birch argues his convictions should be reversed because the district court failed to properly instruct the jury, the court erroneously allowed the State to present evidence of uncharged misconduct, and there was insufficient evidence to support his aggravated assault and battery conviction. We affirm.

ISSUES

[¶2] Mr. Birch raises three issues in this appeal:

I. Whether the district court erred when it failed to instruct the jury on Wyoming law regarding "actual threat."

II. Whether the…

2Cases cited22 opinions

  1. Gleason v. StateWyoming Supreme Court · 2002
  2. Adebowale Oluseyi Adekale A/K/A Ted AdekaleWyoming Supreme Court · 2015
  3. Derek Earl Hill v. StateWyoming Supreme Court · 2016
  4. Johnston v. StateWyoming Supreme Court · 1987
  5. Ewing v. StateWyoming Supreme Court · 2007

17 more not listed; retrieve them via the Exa API.

3Cited by16 opinions

  1. Terry Earl Neidlinger, Sr. v. The State of WyomingWyoming Supreme Court · 2021
  2. Dallas Clem Mitchell v. The State of WyomingWyoming Supreme Court · 2020
  3. Ronald Leroy King v. The State of WyomingWyoming Supreme Court · 2023
  4. Samuel Joseph Barrett v. The State of WyomingWyoming Supreme Court · 2022
  5. Randy Ray Pickering v. The State of WyomingWyoming Supreme Court · 2020

11 more not listed; retrieve them via the Exa API.

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