Mickelson v. State

As was true in connection with the original opinion of the court in this case, I cannot agree with our opinion on the petition for rehearing. I dissent.

How soon we forget. The justice writing for the court in Mickelson v. State, 886 P.2d 247 (Wyo.1994), fails to account for the opinion of this court in Roberts v. State, 711 P.2d 1131 (Wyo.1985). The same oversight is found in the opinion of the court on the petition for rehearing. This case also seems to have escaped notice by the parties. Because the philosophical tone of that opinion is equally significant to the holding, I quote at length:

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