Summary 2008 WY 99

2008-08-19T10:49:00.001-07:00

Summary of Decision issued August 19, 2008

Summaries are prepared by Law Librarians and are not official statements of the Wyoming Supreme Court.

Case Name: In re Nagle

Citation: 2008 WY 99

Docket Number: S-07-0222

Appeal from the District Court of Campbell County, the Honorable Michael N. Deegan, Judge.

Representing Appellant: Sean W. Scoggin of Tiedeken & Scoggin, PC, Cheyenne, Wyoming.

Representing Appellee: Bruce A. Salzburg, Wyoming Attorney General; John W. Renneisen, Deputy Attorney General; Steven R. Czoschke, Senior Assistant Attorney General; Kristi M. Radosevich, Senior Assistant Attorney General.

Facts/Discussion: In 1987, Nagle suffered an open fracture, dislocation and crush injury to the first, second and fourth metatarsals of his left foot. Since then, he has continued to experience worsening medical complications, which he claims can be traced to that injury.
Permanent Total Disability under the Odd Lot Doctrine: The Court stated it would apply their recently revised standard of review. The Court also noted its opinion in Cardin v. Morrison-Knudsen where they adopted a definition of the “odd-lot doctrine” as providing permanent total disability to those workers who, while not altogether incapacitated for work, are so handicapped that they will not be employed regularly in any well known branch of the labor market. Nagle’s two claims, one for permanent disability and a second for benefits associated with his second compensable injury were referred to the Medical Commission. The Commission did not look at the case under the strictures of the odd lot doctrine but rather took a narrow view of what constitutes “permanent total disability” and disregarded Nagle’s evidence and the burden of proof that largely fell to the Division and the employer. The record irrefutably established that the degree of Nagle’s obvious impairment, coupled with his mental capacity, education, training, and age, clearly placed him prima facie in the odd lot category. The burden shifted to the Division to present evidence that some special work of a light or sedentary nature was actually available to him. The Court concluded that when all the evidence was considered in context, the only sustainable conclusion was that Nagle was permanently disabled from doing work at any gainful occupation for which he was reasonably suited by experience and training.
Nagle’s Fall Injuries and the Second Compensable Injury Rule: The Court stated that the standard of review to be applied here was well summarized in Alvarez v. State. With respect to the injuries Nagle suffered in his stumble and fall, Nagle’s report was plausible in every respect. There was no basis for disbelieving his testimony. There was likewise no factual circumstance contained in the record that would disallow application of the second compensable injury rule.

Holding: The order of the district court affirming the Medical Commission was reversed and remanded to the district court with directions that it further remand the case to the Medical Commission with directions that it award permanent total disability benefits to Nagle. In addition, it shall direct the Medical Commission to order that Nagle be paid benefits for the injuries he suffered to his wrist and hip when he fell because of his gait/walking instability associated with his original injuries.

Reversed and remanded.

J. Hill delivered the decision.

Link: http://tinyurl.com/6hvzxe .

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Summary 2008 WY 98

2008-08-19T10:06:00.004-07:00

Summary of Decision issued August 19, 2008

Summaries are prepared by Law Librarians and are not official statements of the Wyoming Supreme Court.

Case Name: Smith v. State

Citation: 2008 WY 98

Docket Number: S-07-0160

Appeal from the District Court of Albany County, the Honorable Jeffrey A. Donnell, Judge.

Representing Appellant: Megan L. Hayes, Laramie, Wyoming.

Representing Appellee: Bruce A. Salzburg, Wyoming Attorney General; Terry L. Armitage, Deputy Attorney General; D. Michael Pauling, Senior Assistant Attorney general; Graham M. Smith, Assistant Attorney General.

Facts/Discussion: Smith was convicted after a jury trial of possession, manufacture or disposition of a deadly weapon with unlawful intent, use of a firearm while committing a felony and first degree murder. Shortly after sentencing, an article was published in the Wyoming Lawyer which quoted Juror Hanschen about his attitude toward the “insanity plea” and guilt.
Motion for New Trial on Basis of Newly Discovered Evidence: The State argued that Smith’s allegation of juror misconduct was not properly raised in a motion for a new trial on the basis of newly discovered evidence. They argued that only newly discovered evidence concerning the merits of the criminal case may be presented under Rule 33(c) and that juror misconduct should have been brought in a petition for post-conviction relief. When a federal rule of criminal procedure is similar to the State’s corresponding rule, the Court looks to federal case law for guidance. The Court reviewed federal court cases interpreting Fed.R.Crim.P. 33(b)(1). Many of the cases assume, without discussion, that such a complaint may be brought pursuant to the rule provided the evidence is truly “newly discovered.” The Court noted that in deciding the issue, it was helpful to consider Braley v. State. The Braley decision indicated that the Court would not limit the application of Rule 33(c) to newly discovered evidence pertaining to the merits of the crime.
Juror Misconduct: In order to obtain a new trial on the basis of newly discovered evidence, a defendant must establish each of the following factors: he did not become aware of the new evidence until after the trial; it was not because of lack of due diligence that the new evidence did not come to light sooner; the evidence is so material that it would probably produce a different result; and the evidence is not cumulative. The State focused on the substantive question of whether Smith could show that Hanschen was biased against Smith’s mental illness defense and did not honestly answer voir dire questions about that bias. Requests for a new trial on the basis that a juror was not honest during voir dire or was biased may be brought in different ways. A claim may be brought under the principles articulated in McDonough where the party must demonstrate that a juror intentionally failed to answer honestly a material question, and then further show that a correct response would have provided a valid basis for a challenge for cause. The district court concluded that the article, the notes and author Angell’s testimony taken together were confused and inconclusive as to whether Hanschen had a pre-existing bias or prejudice. Also, Hanschen consistently stated that he would follow the court’s instructions. A party can also obtain a new trial by showing that the juror has an actual or implied bias. The Court agreed with the district court’s acceptance of Hanschen’s explanation of the inconsistencies in his statements as believable. The Court noted that even a prospective juror who has bias may be properly seated on a jury if he can set aside any supposed bias and decide the case only on the evidence presented in court.

Holding: The Court concluded that Smith’s motion for a new trial was properly before the Court. Smith did not offer a cogent argument that Mr. Hanschen was impliedly biased in accordance with Skaggs, presumably because there was no evidence that he had any personal connection to the parties or circumstances of the trial or that there were similarities between Mr. Hanschen’s personal experiences and the issues being litigated.

Affirmed.

J. Kite delivered the decision.

Link: http://tinyurl.com/5dxrkl .

Law Library Letter

Summary 2008 WY 99

Summary 2008 WY 98