reglab/statecodes huggingface dataset:
2023 Wyoming Statutes › Title 7 - Criminal Procedure › Chapter 11 - Trial and Matters Incident Thereto › Article 1 - Selection and Challenges of Juries › Section 7-11-105 - General Grounds for Challenging Jurors.

7-11-105. General grounds for challenging jurors.
(a) The following is good cause for challenge to any person called as a juror in a criminal case:
(i) That he was a member of the grand jury which found the indictment;
(ii) That he has formed or expressed an opinion as to the guilt or innocence of the accused, or is biased or prejudiced for or against the accused;
(iii) In a case in which the death penalty may be imposed, he states that his views on capital punishment would prevent or substantially impair performance of his duties as a juror in accordance with his oath or affirmation and the instructions of the court;
(iv) That he is a relation within the fifth degree to the person alleged to be injured, or attempted to be injured, by the offense charged or to the person on whose complaint the prosecution was instituted, or to the defendant;
(v) That he has served on a petit jury which was sworn in the same cause against the same defendant, and which jury either rendered a verdict which was set aside, or was discharged after hearing the evidence;
(vi) That he has served as a juror in a civil case brought against the defendant for the same act;
(vii) That he has been subpoenaed as a witness in the case.
(b) The same challenges for cause shall be allowed in criminal prosecutions that are allowed to parties in civil cases.
2023 Wyoming Statutes › Title 7 - Criminal Procedure › Chapter 11 - Trial and Matters Incident Thereto › Article 1 - Selection and Challenges of Juries › Section 7-11-106 - Opinion Formed From News Reports or Rumors.

7-11-106. Opinion formed from news reports or rumors.
(a) It is not cause for challenge that a person called to act as a juror in a criminal case has formed or expressed an opinion as to the guilt or innocence of the accused from news media reports or rumor if:
(i) The prospective juror states that he can lay aside his impression or opinion and render a verdict based on the evidence presented in court; and
(ii) The court is satisfied, from the examination of the prospective juror or from other evidence, that he will render an impartial verdict according to the law and the evidence submitted to the jury at trial.
2023 Wyoming Statutes › Title 7 - Criminal Procedure › Chapter 11 - Trial and Matters Incident Thereto › Article 1 - Selection and Challenges of Juries › Section 7-11-107 - Oath or Affirmation.

7-11-107. Oath or affirmation.
As soon as the jury is selected an oath or affirmation shall be administered to the jurors providing, in substance, that they and each of them will well and truly try the matter in issue between the state of Wyoming, plaintiff, and the named defendant, and render a true verdict according to the evidence.
2023 Wyoming Statutes › Title 7 - Criminal Procedure › Chapter 11 - Trial and Matters Incident Thereto › Article 2 - Trial › Section 7-11-201 - Order of Proceedings.

7-11-201. Order of proceedings.
(a) After the jury has been impaneled and sworn, the trial shall proceed in the following order:
(i) The counsel for the state shall state the case of the prosecution, and may briefly state the evidence by which he expects to sustain it;
(ii) The defendant or his counsel may then state his defense and may briefly state the evidence he expects to offer in support of it, or may wait until the evidence on the part of the state is closed;
(iii) The state shall first produce its evidence; the defendant will then produce his evidence;
(iv) The state will then be confined to rebutting evidence unless the court, for good reasons, in furtherance of justice, shall permit it to offer evidence in chief;
(v) When the evidence is concluded, either party may request instructions to the jury on the points of law, which shall be given or refused by the court. The instructions shall be reduced to writing;
(vi) Before the argument of the case is begun, the court shall immediately, and before proceeding with other business, charge the jury. The charge shall be reduced to writing by the court, if either party requests it. No charge or instruction provided for in this section, when written or given, shall be orally qualified, modified or explained to the jury by the court. All written charges and instructions, shall be taken by the jury in their retirement and returned with their verdict into court, and shall remain on file with the papers of the case;
(vii) When the evidence is concluded, and the charge given by the court, unless the case is submitted without argument, the counsel for the state shall commence, the defendant or his counsel follow, and the counsel for the state shall conclude the argument to the jury.
2023 Wyoming Statutes › Title 7 - Criminal Procedure › Chapter 11 - Trial and Matters Incident Thereto › Article 2 - Trial › Section 7-11-202 - Presence of Defendant.

7-11-202. Presence of defendant.
Except as otherwise provided by this section, the defendant shall be present at the arraignment, at every stage of the trial, including the impaneling of the jury, and the return of the verdict and at the imposition of sentence. In prosecution for offenses not punishable by death, the defendant's voluntary absence after the trial has been commenced in his presence shall not prevent continuing the trial to and including the return of the verdict. A corporation may appear by counsel for all purposes. In prosecutions of all misdemeanor cases, the court, with the written consent of the defendant, may permit arraignment, plea, and imposition of sentence in a defendant's absence. The defendant's presence is not required at a reduction of sentence hearing.
2023 Wyoming Statutes › Title 7 - Criminal Procedure › Chapter 11 - Trial and Matters Incident Thereto › Article 2 - Trial › Section 7-11-203 - Dismissal for Unnecessary Delay.

7-11-203. Dismissal for unnecessary delay.
If there is unnecessary delay in presenting the charge to a grand jury or in filing an information against a defendant who has been held to answer to the district court, or if there is unnecessary delay in bringing a defendant to trial, the court may dismiss the indictment, information or complaint.
2023 Wyoming Statutes › Title 7 - Criminal Procedure › Chapter 11 - Trial and Matters Incident Thereto › Article 2 - Trial › Section 7-11-204 - Applicability of Civil Procedure Provisions and Rules.

7-11-204. Applicability of civil procedure provisions and rules.
To the extent practicable and when not otherwise specifically provided, procedures relating to conduct of the jury, admonitions of the court and the manner of returning verdicts, shall be governed by the Wyoming Code of Civil Procedure and the Wyoming Rules of Civil Procedure.
2023 Wyoming Statutes › Title 7 - Criminal Procedure › Chapter 11 - Trial and Matters Incident Thereto › Article 2 - Trial › Section 7-11-205 - Discharge of Jury Before Verdict Without Prejudice.

7-11-205. Discharge of jury before verdict without prejudice.
(a) If a jury is discharged for any of the following reasons before reaching a verdict, the discharge shall be without prejudice to the prosecution:
(i) Sickness of a juror or other accident or calamity requiring discharge of the jury;
(ii) Failure of the jury to return a verdict; or
(iii) Dismissal of the proceeding due to a failure of the complaint, information or indictment to properly charge the offense.
2023 Wyoming Statutes › Title 7 - Criminal Procedure › Chapter 11 - Trial and Matters Incident Thereto › Article 2 - Trial › Section 7-11-206 - Separation of Jury.

7-11-206. Separation of jury.
(a) In the trial of any criminal case to a jury, the court may, except for capital cases allow the jurors to separate during the trial and after the case is submitted to them.
(b) In the trial of any capital case to the jury, the court may, with the consent of the defendant and the district attorney, allow the jurors to separate during the trial and after the case is submitted to them.
(c) If the jurors are permitted to separate, they shall be admonished by the court that they shall not discuss the case with anyone except while deliberating in the jury room, and are not to form or express an opinion except during their deliberations in the jury room.
2023 Wyoming Statutes › Title 7 - Criminal Procedure › Chapter 11 - Trial and Matters Incident Thereto › Article 3 - Mental Illness or Deficiency › Section 7-11-301 - Definitions.

7-11-301. Definitions.
(a) As used in this act:
(i) "Designated examiner" means a licensed psychiatrist, or other physician with forensic training or a licensed psychologist with forensic training;
(ii) "Facility" means the Wyoming state hospital or other facility designated by the court which can adequately provide for the security, examination or treatment of the accused;
(iii) "Mental deficiency" means a defect attributable to intellectual disability, brain damage and cognitive disabilities;
(iv) "This act" means W.S. 7-11-301 through 7-11-307.
2023 Wyoming Statutes › Title 7 - Criminal Procedure › Chapter 11 - Trial and Matters Incident Thereto › Article 3 - Mental Illness or Deficiency › Section 7-11-302 - Trial or Punishment of Person Lacking Mental Capacity.

7-11-302. Trial or punishment of person lacking mental capacity.
(a) No person shall be tried, sentenced or punished for the commission of an offense while, as a result of mental illness or deficiency, he lacks the capacity, to:
(i) Comprehend his position;
(ii) Understand the nature and object of the proceedings against him;
(iii) Conduct his defense in a rational manner; and
(iv) Cooperate with his counsel to the end that any available defense may be interposed.
2023 Wyoming Statutes › Title 7 - Criminal Procedure › Chapter 11 - Trial and Matters Incident Thereto › Article 3 - Mental Illness or Deficiency › Section 7-11-305 - Pleas of Not Guilty and Not Guilty by Reason of Mental Illness or Deficiency; Burden of Proof; Expert Witnesses.

7-11-305. Pleas of not guilty and not guilty by reason of mental illness or deficiency; burden of proof; expert witnesses.
(a) When a defendant couples a plea of not guilty with a plea of not guilty by reason of mental illness or deficiency, proof shall be submitted before the same jury in a continuous trial on whether the defendant in fact committed the acts charged, on the remaining elements of the alleged criminal offense and on the issue of mental responsibility of the defendant. In addition to other forms of verdict submitted to the jury, the court shall submit a verdict by which the jury may find the defendant not guilty by reason of mental illness or deficiency excluding responsibility.
(b) The prosecution shall prove beyond a reasonable doubt all the elements of the offense charged. Every defendant is presumed to be mentally responsible. The defendant shall have the burden of going forward and proving by the greater weight of evidence that, as a result of mental illness or deficiency, he lacked capacity either to appreciate the wrongfulness of his conduct or to conform his conduct to the requirements of the law.
(c) Only the designated examiners who examined the defendant pursuant to W.S. 7-11-303 or 7-11-304 are competent witnesses to testify as to the defendant's mental responsibility.
(d) In addition, the state and the defendant may summon other expert witnesses who did not examine the defendant. Such experts are not competent to testify as to the mental responsibility of the defendant; however, they may testify as to the validity of the procedures followed and the general scientific propositions stated by other witnesses.
(e) The designated examiner who examined the defendant may testify as to and explain the nature of his examinations, his diagnosis of mental illness or deficiency of the defendant, and his opinion as to the defendant's ability to appreciate the wrongfulness of his conduct or to conform his conduct to the requirements of law. The designated examiner may be cross-examined as to his competence and the credibility of his diagnosis and his opinion.
2023 Wyoming Statutes › Title 7 - Criminal Procedure › Chapter 11 - Trial and Matters Incident Thereto › Article 3 - Mental Illness or Deficiency › Section 7-11-307 - Treatment of Defendant Committed to State Hospital.

7-11-307. Treatment of defendant committed to state hospital.
In all cases in which the defendant is committed to the Wyoming state hospital under the provisions of this act, the defendant shall be received and treated in the same manner as all other persons committed to the institution and be subject to the same rules and regulations. Due caution shall be exercised to prevent the escape of the defendant.
2023 Wyoming Statutes › Title 7 - Criminal Procedure › Chapter 11 - Trial and Matters Incident Thereto › Article 4 - Testimony and Witnesses › Section 7-11-401 - Testimony of Defendant.

7-11-401. Testimony of defendant.
The defendant in all criminal cases, in all the courts in this state, may be sworn and examined as a witness, if he so elects, but the defendant shall not be required to testify in any case unless he has been lawfully granted immunity from prosecution, penalty or forfeiture. The neglect or refusal of a defendant to testify without immunity having been granted shall not create any presumption against him, nor shall any reference be made to, nor shall any comment be made upon, his neglect or refusal to testify.
2023 Wyoming Statutes › Title 7 - Criminal Procedure › Chapter 11 - Trial and Matters Incident Thereto › Article 4 - Testimony and Witnesses › Section 7-11-402 - Subpoena of Witnesses for Indigent Defendants.

7-11-402. Subpoena of witnesses for indigent defendants.
(a) Upon application of a defendant and upon a satisfactory showing that the defendant is financially unable to pay the fees of a witness and that the presence of the witness is necessary to an adequate defense, the court shall order that a subpoena be issued for service on a named witness and order that all fees and costs incurred be paid as provided by subsection (b) of this section.
(b) If the court orders a subpoena to be issued under this section, the costs incurred and the fees of the witness so subpoenaed shall be paid by the public defender's office.
2023 Wyoming Statutes › Title 7 - Criminal Procedure › Chapter 11 - Trial and Matters Incident Thereto › Article 4 - Testimony and Witnesses › Section 7-11-403 - Applicability of Rules and Civil Procedure Provisions.

7-11-403. Applicability of rules and civil procedure provisions.
(a) To the extent practicable and when not otherwise specifically provided, the provisions of the Wyoming Rules of Civil Procedure, the Wyoming Rules of Evidence and the Wyoming Code of Civil Procedure shall govern in criminal cases, relative to:
(i) Compelling the attendance and testimony of witnesses;
(ii) The examination of witnesses and the administering of oaths and affirmations;
(iii) Proceedings for contempt; and
(iv) Proceedings to enforce the remedies and protect the rights of parties.
2023 Wyoming Statutes › Title 7 - Criminal Procedure › Chapter 11 - Trial and Matters Incident Thereto › Article 4 - Testimony and Witnesses › Section 7-11-404 - Summoning of Person Within This State to Appear as Witness in Another State.

7-11-404. Summoning of person within this state to appear as witness in another state.
(a) If a judge of a court of record in any state which by its laws has made provision for commanding persons within that state to attend and testify in criminal prosecutions in this state certifies under the seal of the court that there is a criminal prosecution pending in such court, that a person being within this state is a material witness in the prosecution, and that his presence will be required for a specified number of days, upon presentation of the certificate to any judge of a court of record in the county in which such person is, the judge shall fix a time and place for hearing and shall notify the witness of the time and place.
(b) If at the hearing the judge determines that the witness is material and necessary, that it will not cause undue hardship to the witness to be compelled to attend and testify in the prosecution in the other state and that the laws of the state in which the prosecution is pending and of any other state through which the witness may be required to pass by ordinary course of travel will give to him protection from arrest and the service of civil and criminal process, he shall issue a summons with a copy of the certificate attached, directing the witness to attend and testify in the court where the prosecution is pending at a time and place specified in the summons.
(c) A witness who is summoned to attend and testify in a criminal prosecution in another state as provided by this section, shall not be compelled to attend unless he is paid or tendered by some properly authorized person compensation including mileage for each mile traveled by the ordinary route to and from the court where the prosecution is pending and witness fees for each day that he is required to travel and attend as a witness. The mileage and witness fees shall be at the same rate paid other witnesses under the laws of the state requiring attendance. A witness who has been paid or tendered the compensation required by this subsection and who fails without good cause to attend and testify as directed in the summons, shall be punished in a manner provided for the punishment of any witness who disobeys a summons issued from a court of record in this state.
2023 Wyoming Statutes › Title 7 - Criminal Procedure › Chapter 11 - Trial and Matters Incident Thereto › Article 4 - Testimony and Witnesses › Section 7-11-405 - Summoning of Person in Another State to Appear as Witness in This State.

7-11-405. Summoning of person in another state to appear as witness in this state.
(a) If a person in any state, which by its laws has made provisions for commanding persons within its borders to attend and testify in criminal prosecutions in this state, is a material witness in a prosecution pending in a court of record in this state, a judge of the Wyoming court may issue a certificate under the seal of the court stating these facts and specifying the number of days the witness will be required. This certificate shall be presented to a judge of a court of record in the county in which the witness is found.
(b) If the witness is summoned to attend and testify in the criminal prosecution in this state, he shall be paid or tendered payment for mileage for each mile traveled by the ordinary route to and from the court where the prosecution is pending and witness fees for each day that he is required to travel and attend as a witness at the same rate paid other witnesses under the laws of this state. A witness who has appeared in accordance with the provisions of the summons shall not be required to remain within this state a longer period of time than the period mentioned in the certificate of the Wyoming court.
2023 Wyoming Statutes › Title 7 - Criminal Procedure › Chapter 11 - Trial and Matters Incident Thereto › Article 4 - Testimony and Witnesses › Section 7-11-406 - Exemption of Out-of-State Witness From Arrest or Service of Process.

7-11-406. Exemption of out-of-state witness from arrest or service of process.
(a) If a person comes into this state pursuant to a summons directing him to attend and testify in a criminal prosecution in this state he shall not while in this state pursuant to the summons be subject to arrest or the service of process, civil or criminal, in connection with matters which arose before his entrance into this state under the summons.
(b) If a person passes through this state while going to another state pursuant to a summons to attend and testify in a criminal prosecution in that state or while returning therefrom, he shall not while so passing through this state be subject to arrest or the service of process, civil or criminal, in connection with matters which arose before his entrance into this state under the summons.
2023 Wyoming Statutes › Title 7 - Criminal Procedure › Chapter 11 - Trial and Matters Incident Thereto › Article 5 - Verdict and Sentence › Section 7-11-501 - Return of Verdict; Poll of Jury.

7-11-501. Return of verdict; poll of jury.
In all criminal cases the verdict shall be unanimous. It shall be returned by the jury to the judge in open court. Before the verdict is accepted and recorded, the jury shall be polled at the request of any party or upon the court's own motion. If upon the poll there is not unanimous concurrence, the jury may be directed to retire for further deliberations or may be discharged.
2023 Wyoming Statutes › Title 7 - Criminal Procedure › Chapter 11 - Trial and Matters Incident Thereto › Article 5 - Verdict and Sentence › Section 7-11-502 - Conviction of Necessary Included Offense or Attempt.

7-11-502. Conviction of necessary included offense or attempt.
In any criminal case the defendant may be found guilty of an offense necessarily included in the offense charged or of an attempt to commit either the offense charged or an offense necessarily included therein.
2023 Wyoming Statutes › Title 7 - Criminal Procedure › Chapter 11 - Trial and Matters Incident Thereto › Article 5 - Verdict and Sentence › Section 7-11-503 - Execution of Jail Sentence.

7-11-503. Execution of jail sentence.
When any person convicted of an offense is sentenced to imprisonment in the county jail, the court shall order the defendant into the custody of the sheriff, who shall deliver him, together with the record of conviction, to the jailor, in whose custody he shall remain in the jail of the proper county, until the term of his confinement expires, or he is pardoned or otherwise legally discharged.
2023 Wyoming Statutes › Title 7 - Criminal Procedure › Chapter 11 - Trial and Matters Incident Thereto › Article 5 - Verdict and Sentence › Section 7-11-504 - Commitment Until Fine and Costs Paid.

7-11-504. Commitment until fine and costs paid.
If a defendant sentenced to pay a fine or costs defaults in payment, the court may order the defendant to show cause why he should not be committed to jail. If the court finds that the defendant's default is willful or is due to a failure on defendant's part to make a good faith effort to obtain the funds required for the payment and the court determines that the defendant has an ability to pay or that a reasonable probability exists that the defendant will have an ability to pay, the court may order him committed until the fine or costs, or a specified part thereof, is paid. The defendant shall be given a credit for each day of imprisonment at the rate provided by W.S. 6-10-105, and may earn additional credits against his fine or costs for work performed as provided by W.S. 7-16-101 through 7-16-104.
2023 Wyoming Statutes › Title 7 - Criminal Procedure › Chapter 11 - Trial and Matters Incident Thereto › Article 5 - Verdict and Sentence › Section 7-11-505 - Payment of Costs of Prosecution.

7-11-505. Payment of costs of prosecution.
Payment of the costs of prosecution may be added to and made a part of the sentence in any felony or misdemeanor case if the court determines that the defendant has an ability to pay or that a reasonable probability exists that the defendant will have an ability to pay.
2023 Wyoming Statutes › Title 7 - Criminal Procedure › Chapter 11 - Trial and Matters Incident Thereto › Article 5 - Verdict and Sentence › Section 7-11-506 - Trial Transcript for Indigent Prisoner Upon Appeal.

7-11-506. Trial transcript for indigent prisoner upon appeal.
Any person sentenced to imprisonment in a state penal institution, who appeals to the supreme court, may file, in the court in which that person was convicted, a petition requesting that the person be furnished with a stenographic transcript of the proceedings at that person's trial. The petition shall be verified by the petitioner and shall state facts showing that at the time of conviction and at the time of filing the petition that person was without financial means to pay for the transcript. If the judge who imposed sentence, or any other judge of the court, finds that the defendant is without financial means with which to obtain the transcript of the proceedings at trial, the judge shall order the reporter to transcribe an original and copy of the reporter's notes. The original of the transcript shall be filed with the clerk and the copy shall be delivered to the defendant without charge. The reporter's fees for preparation of the transcript shall be the same as those prescribed in W.S. 5-3-410, and shall be paid by the county in which the conviction is had.
2023 Wyoming Statutes › Title 7 - Criminal Procedure › Chapter 11 - Trial and Matters Incident Thereto › Article 5 - Verdict and Sentence › Section 7-11-507 - Advisement of Loss of Firearms Rights Upon Conviction.

7-11-507. Advisement of loss of firearms rights upon conviction.
(a) No judgment of conviction shall be entered upon a plea of guilty or nolo contendere to any charge which may result in the disqualification of the defendant to possess firearms pursuant to the provisions of 18 U.S.C. 922(g)(1), (9) and 924(a)(2) or other federal law unless the defendant was advised in open court by the judge:
(i) Of the collateral consequences that may arise from that conviction pursuant to the provisions of 18 U.S.C. 921(a)(33), 922(g)(1), (9) and 924(a)(2); and
(ii) That if the defendant is a peace officer, member of the armed forces, hunting guide, security guard or engaged in any other profession or occupation requiring the carrying or possession of a firearm, that he may now, or in the future, lose the right to engage in that profession or occupation should he be convicted.
2023 Wyoming Statutes › Title 7 - Criminal Procedure › Chapter 12 - Appeal, Exceptions and New Trial › Article 1 - Appeal and Bill of Exceptions › Section 7-12-102 - Right of District Attorney to Take Exceptions; Certification; Rules.

7-12-102. Right of district attorney to take exceptions; certification; rules.
The district attorney may take exceptions to any opinion or decision of the court made during the prosecution of a criminal case. Before being filed in the supreme court, the bill of exceptions shall be presented to the trial court which shall certify whether the contents of the bill are correct. If certified, the trial court shall sign the bill containing the exceptions and affix the seal of the court and the bill shall be made part of the record. The bill of exceptions shall be governed by rules as shall be promulgated by the Wyoming supreme court.
2023 Wyoming Statutes › Title 7 - Criminal Procedure › Chapter 12 - Appeal, Exceptions and New Trial › Article 1 - Appeal and Bill of Exceptions › Section 7-12-103 - Filing of Bill by Attorney General in Supreme Court.

7-12-103. Filing of bill by attorney general in supreme court.
Following certification of a bill of exceptions by the trial court as provided by W.S. 7-12-102, the attorney general may apply to the supreme court for permission to file the bill for review and decision upon the points presented. If the supreme court allows the bill to be filed, the judge who presided at the trial in which the bill was taken shall appoint a competent attorney to argue the case against the state and shall fix a reasonable fee for his service to be paid out of the treasury of the county in which the bill was taken.
2023 Wyoming Statutes › Title 7 - Criminal Procedure › Chapter 12 - Appeal, Exceptions and New Trial › Article 1 - Appeal and Bill of Exceptions › Section 7-12-104 - Decision of Supreme Court Upon Bill.

7-12-104. Decision of supreme court upon bill.
(a) If the bill of exceptions is allowed to be filed, the supreme court shall render a decision on each point presented.
(b) The decision of the supreme court shall determine the law to govern in any similar case which may be pending at the time the decision is rendered, or which may afterwards arise in the state, but shall not reverse nor in any manner affect the judgment of the court in the case in which the bill of exceptions was taken.
2023 Wyoming Statutes › Title 7 - Criminal Procedure › Chapter 12 - Appeal, Exceptions and New Trial › Article 2 - Proceedings Upon Reversal › Section 7-12-201 - Disposition of Defendant.

7-12-201. Disposition of defendant.
(a) If the judgment of conviction of any defendant committed to a state penal institution is reversed on appeal, the clerk of the supreme court shall forward to the department of corrections and to the administrator of the institution a certified copy of the court's mandate directing the defendant's discharge or a new trial.
(b) Upon receipt of the mandate the director of the department of corrections shall direct the administrator either to discharge the defendant or return the defendant to the county jail of the county in which the defendant was convicted to be held in the custody of the sheriff pending a new trial.
2023 Wyoming Statutes › Title 7 - Criminal Procedure › Chapter 12 - Appeal, Exceptions and New Trial › Article 3 - New Trial › Section 7-12-304 - Service of Process; Response by the State; Preservation of Evidence.

7-12-304. Service of process; response by the state; preservation of evidence.
(a) Notice of the motion filed under W.S. 7-12-303(c) shall be served upon the district attorney in the county in which the conviction occurred and, if applicable, the governmental agency or laboratory holding the evidence sought to be tested.
(b) The district attorney who is served shall within sixty (60) days after receipt of service of a copy of the motion, or within any additional period of time the court allows, answer or otherwise respond to the motion requesting DNA testing.
(c) The district attorney who is served may support the motion requesting DNA testing or oppose the motion with a statement of reasons and may recommend to the court, if any DNA testing is ordered, that a particular type of testing should be conducted, or object to the proposed testing laboratory, or make such other objections, recommendations or requests as will preserve the integrity of the evidence, including, but not limited to, requests for independent testing by the state or procedures in the event that the proposed testing will deplete the DNA sample.
(d) If a motion is filed pursuant to W.S. 7-12-303(c), and the motion asserts the evidence is in the custody of the state or its agents, the court shall order the state to preserve during the pendency of the proceeding all material and relevant evidence in the state's possession or control that could be subjected to DNA testing and analysis. The state shall prepare an inventory of the evidence and shall submit a copy of the inventory to the movant and to the court. If the state determines that the evidence is no longer available, the state shall notify the court and the movant of the loss or destruction of the evidence and explain its loss or destruction. The state shall provide copies of chain of custody documentation or other documents explaining the loss or destruction of the evidence. After a motion is filed under W.S. 7-12-303(c), prosecutors in the case, law enforcement officers and crime laboratory personnel shall cooperate in preserving material and relevant evidence and in determining the sufficiency of the chain of custody of the evidence which may be subject to DNA testing.
2023 Wyoming Statutes › Title 7 - Criminal Procedure › Chapter 12 - Appeal, Exceptions and New Trial › Article 3 - New Trial › Section 7-12-305 - Review by the Court; Hearing on Motion, Findings; Order.

7-12-305. Review by the court; hearing on motion, findings; order.
(a) If the court determines that a motion is filed in compliance with the requirements of W.S. 7-12-303(c) and the state has had opportunity to respond to the motion, the court shall set a hearing for not more than ninety (90) days after the date the motion was filed. If the court finds that the motion does not comply with the requirements of W.S. 7-12-303(c), the court may deny the motion without hearing.
(b) The hearing under subsection (a) of this section shall be heard by the judge who conducted the trial that resulted in the movant's conviction unless the judge is unavailable.
(c) The movant and the state may present evidence by sworn and notarized affidavits or by testimony; provided, however, any affidavit shall be served on the opposing party at least fifteen (15) days prior to the hearing.
(d) The movant shall be required to present a prima facie case showing that the evidence supports findings consistent with the facts asserted under W.S. 7-12-303(c) and DNA testing of the specified evidence would, assuming exculpatory results, establish:
(i) The actual innocence of the movant of the offense for which the movant was convicted; or
(ii) In a capital case:
(A) The movant's actual innocence of the charged or uncharged conduct constituting an aggravating circumstance; or
(B) A mitigating circumstance as a result of the DNA testing.
(e) If the court finds that the movant has presented a prima facie case showing that the evidence supports findings consistent with W.S. 7-12-303(c) and the evidence would establish actual innocence, the court may order testing, subject to W.S. 7-12-306.
2023 Wyoming Statutes › Title 7 - Criminal Procedure › Chapter 12 - Appeal, Exceptions and New Trial › Article 3 - New Trial › Section 7-12-306 - Designation of Testing Laboratory.

7-12-306. Designation of testing laboratory.
(a) If the court orders DNA testing pursuant to W.S. 7-12-305(e), the DNA test shall be performed by the Wyoming state crime laboratory unless the movant establishes that the state crime laboratory has a conflict of interest or does not have the capability to perform the necessary testing.
(b) If the court orders that the DNA testing under W.S. 7-12-305(e) shall be conducted by a laboratory other than the state crime laboratory, the court shall require that the testing be performed:
(i) Under reasonable conditions designed to protect the state's interests in the integrity of the evidence;
(ii) By a laboratory that:
(A) Meets standards that at minimum comply with the standards of the DNA advisory board established pursuant to 42 U.S.C. 14131; and
(B) Is accredited by the American society of crime laboratory directors accreditation board.
2023 Wyoming Statutes › Title 7 - Criminal Procedure › Chapter 12 - Appeal, Exceptions and New Trial › Article 3 - New Trial › Section 7-12-307 - Discovery.

7-12-307. Discovery.
(a) If the DNA evidence being tested under this act has been previously subjected to DNA analysis by either the state or defense prior to the hearing conducted under W.S. 7-12-305, the court may order the state or defense to provide each party and the court with access to the laboratory reports prepared in connection with the DNA analysis, as well as the underlying data and laboratory notes. If DNA or other analysis was previously conducted by either the state or defense without the knowledge of the other party, all information relating to the testing shall be disclosed by the motion filed under W.S. 7-12-303(c) or any response thereto.
(b) The results of any DNA testing ordered under W.S. 7-12-305(e) shall be fully disclosed to the movant, the district attorney, the attorney general and the court. If requested by any party, the court shall order production of the underlying laboratory data and notes or chain of custody documents.
2023 Wyoming Statutes › Title 7 - Criminal Procedure › Chapter 12 - Appeal, Exceptions and New Trial › Article 3 - New Trial › Section 7-12-308 - Right to Counsel.

7-12-308. Right to counsel.
A convicted person is entitled to counsel during a proceeding under this act. Upon request of the person, the court shall appoint counsel for the convicted person if the court determines that the person is needy and the person wishes to submit a motion under W.S. 7-12-303(c). Counsel shall be appointed as provided in W.S. 7-6-104(c)(vii).
2023 Wyoming Statutes › Title 7 - Criminal Procedure › Chapter 12 - Appeal, Exceptions and New Trial › Article 3 - New Trial › Section 7-12-309 - Costs of Testing.

7-12-309. Costs of testing.
(a) The person filing a motion under W.S. 7-12-303(c) shall bear the cost of the DNA testing unless:
(i) The person is serving a sentence of imprisonment;
(ii) The person is needy; and
(iii) The DNA test supports the person's motion.
(b) In the case of a person meeting the criteria specified in paragraphs (a)(i) through (iii) of this section, the costs of testing shall be paid by the state.
2023 Wyoming Statutes › Title 7 - Criminal Procedure › Chapter 12 - Appeal, Exceptions and New Trial › Article 3 - New Trial › Section 7-12-310 - Order Following Testing.

7-12-310. Order following testing.
(a) If the results of the DNA analysis are inconclusive or show that the movant is the source of the evidence, the court shall deny any motion for a new trial based upon the DNA evidence and shall provide the results to the board of parole.
(b) If the results of the DNA analysis are consistent with assertions contained in the movant's motion, the court shall set the matter for hearing on the motion for a new trial.
(c) Upon the stipulation of both parties or a motion for dismissal of the original charges against the movant by the state in lieu of a retrial, the court shall:
(i) Vacate the movant's conviction consistent with the evidence demonstrating the movant's actual innocence;
(ii) Issue an order of actual innocence and exoneration; and
(iii) Issue an order of expungement.
(d) In the event a retrial is pursued and conducted and the movant is acquitted at the retrial, the court shall:
(i) Issue an order of actual innocence and exoneration; and
(ii) Issue an order of expungement.
2023 Wyoming Statutes › Title 7 - Criminal Procedure › Chapter 12 - Appeal, Exceptions and New Trial › Article 3 - New Trial › Section 7-12-311 - Victim Notification.

7-12-311. Victim notification.
Following any motion filed under this act, the district attorney shall provide notice to the victim that the motion has been filed, the time and place for any hearing that may be held as a result of the motion, and the disposition of the motion. For purposes of this section, "victim" means as defined in W.S. 1-40-202(a)(ii).
2023 Wyoming Statutes › Title 7 - Criminal Procedure › Chapter 12 - Appeal, Exceptions and New Trial › Article 3 - New Trial › Section 7-12-312 - Rights Not Waived; Refiling of Uncharged Offenses.

7-12-312. Rights not waived; refiling of uncharged offenses.
(a) Notwithstanding any other provision of law, the right to file a motion under W.S. 7-12-303(c) shall not be waived. The prohibition against waiver of the right provided under this section applies to, but is not limited to, a waiver that is given as part of an agreement resulting in a plea of guilty or nolo contendere.
(b) If a movant is granted a new trial under this act, any offense that was dismissed or not charged pursuant to a plea agreement that resulted in the conviction that has been set aside as a result of this act may be refiled by the state.
2023 Wyoming Statutes › Title 7 - Criminal Procedure › Chapter 12 - Appeal, Exceptions and New Trial › Article 3 - New Trial › Section 7-12-313 - Appeal.

7-12-313. Appeal.
(a) An order granting or denying a motion for DNA testing filed under W.S. 7-12-303(c) shall not be appealable, but may be subject to review only under a writ of review filed by the movant, the district attorney or the attorney general. The petition for a writ of review may be filed no later than twenty (20) days after the court's order granting or denying the motion for DNA testing.
(b) Any party to the action may appeal to the Wyoming supreme court any order granting or denying a motion for a new trial under W.S. 7-12-310(b).
2023 Wyoming Statutes › Title 7 - Criminal Procedure › Chapter 12 - Appeal, Exceptions and New Trial › Article 3 - New Trial › Section 7-12-314 - Subsequent Motions.

7-12-314. Subsequent motions.
The court shall not be required to entertain a second or subsequent motion under W.S. 7-12-303(c) on behalf of the same movant, except where there is clear and compelling evidence that the evidence sought to be tested was wrongfully withheld from the movant by the state or its agents.
2023 Wyoming Statutes › Title 7 - Criminal Procedure › Chapter 12 - Appeal, Exceptions and New Trial › Article 3 - New Trial › Section 7-12-315 - Consensual Testing.

7-12-315. Consensual testing.
Nothing in this act shall be interpreted to prohibit a convicted person and the state from consenting to and conducting post-conviction DNA testing without filing a motion under W.S. 7-12-303(c). Notwithstanding any other provision of law governing post-conviction relief, if DNA test results are obtained under testing conducted upon consent of the parties and the results are favorable to the convicted person, the convicted person may file, and the court shall adjudicate, a motion for a new trial based on the DNA test results.
2023 Wyoming Statutes › Title 7 - Criminal Procedure › Chapter 12 - Appeal, Exceptions and New Trial › Article 4 - Postconviction Determination of Factual Innocence › Section 7-12-402 - Definitions.

7-12-402. Definitions.
(a) As used in this act:
(i) "Bona fide issue of factual innocence" means that the newly discovered evidence presented by the petitioner, if credible, would clearly establish the petitioner's factual innocence;
(ii) "Factual innocence" or "factually innocent" means a person:
(A) Did not engage in the conduct for which he was convicted;
(B) Did not engage in conduct constituting a lesser included or inchoate offense of the crime for which he was convicted; and
(C) Did not commit any other crime arising out of or reasonably connected to the facts supporting the indictment or information upon which he was convicted.
(iii) "Forensic science" is the application of scientific or technical practices to the recognition, collection, analysis and interpretation of evidence for criminal and civil law or regulatory issues;
(iv) "Newly discovered evidence" means evidence that was not available to the petitioner at trial or during the resolution by the trial court of any motion to withdraw a guilty plea or motion for new trial and which is relevant to the determination of the issue of factual innocence, including:
(A) Evidence that was discovered prior to or in the course of any appeal or post-conviction proceedings that served in whole or in part as the basis to vacate or reverse the petitioner's conviction;
(B) Evidence that supports the claims within a petition for post-conviction relief under W.S. 7-14-101 through 7-14-108 that is pending at the time of the court's determination of factual innocence under this act; or
(C) Relevant forensic scientific evidence that was not available at the time of trial or during the resolution by the trial court of any motion to withdraw a guilty plea or motion for new trial, or that undermines forensic evidence presented at trial. Forensic scientific evidence is to be considered as "undermined" if new research or information exists that repudiates:
(I) The foundational validity of the challenged evidence or testimony. "Foundational validity" means the reliability of the method to be repeatable, reproducible and accurate in a scientific setting; or
(II) The applied validity of the method or technique. "Applied validity" means the reliability of the method or technique in practice.
(v) "This act" means W.S. 7-12-401 through 7-12-407.
2023 Wyoming Statutes › Title 7 - Criminal Procedure › Chapter 12 - Appeal, Exceptions and New Trial › Article 4 - Postconviction Determination of Factual Innocence › Section 7-12-405 - Appointment of Counsel.

7-12-405. Appointment of counsel.
The court may appoint counsel for a petitioner upon a determination that the petition is not subject to summary dismissal and the petitioner is needy. Counsel shall be appointed as provided in W.S. 7-6-104(c)(vii).
2023 Wyoming Statutes › Title 7 - Criminal Procedure › Chapter 12 - Appeal, Exceptions and New Trial › Article 4 - Postconviction Determination of Factual Innocence › Section 7-12-406 - Victim Notification.

7-12-406. Victim notification.
Following any petition filed under W.S. 7-12-403, the district attorney shall make reasonable efforts to provide notice to the victim that the petition has been filed, the time and place for any hearing that may be held as a result of the petition and the disposition of the petition. For purposes of this section, "victim" means as defined in W.S. 1-40-202(a)(ii).
2023 Wyoming Statutes › Title 7 - Criminal Procedure › Chapter 13 - Sentence and Imprisonment › Article 1 - In General › Section 7-13-101 - Sentencing of Minors to Boys' School Upon First Conviction of Felony; Term; Parole.

7-13-101. Sentencing of minors to boys' school upon first conviction of felony; term; parole.
(a) Upon his first conviction of a felony, any male offender under the age of eighteen (18) years may be sentenced to imprisonment in the Wyoming boys' school.
(b) In imposing a sentence under this section the court shall not fix a definite or minimum term of confinement in the boys' school but shall fix a maximum term which shall not exceed the maximum term provided for the statute violated.
(c) The department of family services may at any time grant to a person sentenced under this section a parole from the boys' school even though the person has not served a fixed minimum sentence.
2023 Wyoming Statutes › Title 7 - Criminal Procedure › Chapter 13 - Sentence and Imprisonment › Article 1 - In General › Section 7-13-103 - Notice of Sentence; Transportation to Institution; Maintenance of Prisoner in County Jail.

7-13-103. Notice of sentence; transportation to institution; maintenance of prisoner in county jail.
(a) If a person is sentenced to the custody of the department of corrections to serve a term of imprisonment in a state penal institution, the sheriff shall notify the department of corrections and the warden of the Wyoming medium correctional institution or the Wyoming women's center.
(b) Except as provided in subsection (c) of this section, the director of the department of corrections shall arrange for the transportation of the person to a state penal institution, at state expense, within ten (10) days after notification by the sheriff that the judgment and sentence has been signed by the judge. The court shall notify the sheriff immediately upon signing of the sentence by the judge. Except as provided in subsection (c) of this section, prior to being transported to the institution the prisoner shall be maintained in the county jail at the expense of the county.
(c) Upon agreement of the sheriff and the director of the department of corrections, the prisoner may be maintained at the county jail at an agreed per diem rate to be paid by the department for an additional period of not more than thirty (30) days after expiration of the ten (10) days provided by subsection (b) of this section. The department shall pay for any medical treatment of the prisoner, other than for conditions demanding immediate medical attention which can be treated at the county jail and other than medical treatment for which the county is liable under W.S. 18-6-303(c)(i), which is provided after the judgment and sentence is signed by the judge. Except for emergency medical treatment, no treatment which is the responsibility of the department under this subsection shall be provided without the prior approval of the department.
(d) The sheriff shall furnish the department of corrections and the warden of the Wyoming state penitentiary or the Wyoming women's center with a copy of the judgment and sentence imposed.
2023 Wyoming Statutes › Title 7 - Criminal Procedure › Chapter 13 - Sentence and Imprisonment › Article 1 - In General › Section 7-13-104 - Record of Prisoners.

7-13-104. Record of prisoners.
The department of corrections shall keep a complete record of the background and current status of all prisoners sentenced and confined in any state penal institution. The administrator of the institution where a prisoner is incarcerated, the division of criminal investigation, and the clerk of court and sheriff of the county from which the prisoner is committed shall, at the request of the department or the board of parole, furnish any information in their possession relating to the prisoner or the offense committed.