The Wyoming Supreme Court building in Cheyenne. Credit: Steven Frame/Adobe Stock State High Court: Circuit Courts Have Jurisdiction to Address Felony Defendants' Competency, Suspend Preliminary Hearings
"The plain language of Wyo. Stat. Ann. § 7-11-303(a) comports with procedural and constitutional law. For example, defendants have a right to counsel at a preliminary hearing, e.g., Coleman, Wilson, and a right to be present at that hearing," Boomgaarden wrote. "During the preliminary hearing, a defendant can introduce evidence and cross-examine witnesses to, among other things: raise doubts as to whether probable cause exists; illicit testimony for impeachment or other purposes at a later stage; and discover information to assist in preparation for trial."
June 15, 2023 at 12:31 PM
6 minute read
In a certified question, the Wyoming Supreme Court unanimously concluded a state statute expressly grants a circuit court's jurisdiction to address the competency of a person charged with a felony before they are bound over to the district court.
Justice Lynne Boomgaarden authored the June 8 opinion, where the court answered the certified question about circuit court jurisdiction to address the competency of criminal defendants in felony cases, pursuant to Wyo. Stat. Ann. Section 7-11-303, before they are bound over to the district court.
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