Legal Opinion

Rathbun v. State

Wyoming Supreme Court

Decided August 8, 2011No. S-10-0245PublishedCited by 27 opinions

1Opinion of the Court

VOIGT, Justice.

[T1] The appellant was convicted of attempted kidnapping and sentenced to life in prison. He appeals the denial of two pretrial motions to dismiss, and raises two issues concerning sentencing. Finding no error, we affirm.

ISSUES

[T2] 1. Was the appellant's prosecution for attempted kidnapping barred by the doe-trine of double jeopardy due to his earlier guilty plea to battery?

2. Was the State barred by the doctrine of res judicata from refilling the attempted kidnapping charge and seeking a second preliminary hearing after that charge was dismissed following a preliminary hearing…

2Cases cited63 opinions

  1. Apprendi v. New JerseySupreme Court of the United States · 2000
  2. United States v. BookerSupreme Court of the United States · 2004
  3. Ashe v. SwensonSupreme Court of the United States · 1970
  4. Brown v. OhioSupreme Court of the United States · 1977
  5. Patterson v. New YorkSupreme Court of the United States · 1977

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

3Cited by27 opinions

  1. Ivan Lee Sweets, Sr. v. The State of WyomingWyoming Supreme Court · 2013
  2. Starrett v. StateWyoming Supreme Court · 2012
  3. Kyle Joseph Anderson v. The State of WyomingWyoming Supreme Court · 2014
  4. Joreski v. StateWyoming Supreme Court · 2012
  5. Chad Dockter v. Diane Lozano, as an individual and in her official capacity Eric Alden, as an individual and in his official capacity Donald Miller, as an individual and in his official capacity Robin Cooper, as an individual and in her official capacity and the Office of the State Public DefenderWyoming Supreme Court · 2020

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

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API