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Summary 2008 WY 17

By Meg

Summary of Decision issued February 13, 2008

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

Case Name: Dee v. State

Citation: 2008 WY 17

Docket Number: S-07-0185

Appeal from the District Court of Laramie County, the Honorable Edward L. Grant, Judge

Representing Appellant (Plaintiff): Michael Dee, pro se.

Representing Appellee (Defendant): Bruce A. Salzburg, Attorney General; Terry L. Armitage, Deputy Attorney General.

Facts/Discussion: Dee appealed from the district court?s order dismissing his declaratory judgment action. Dee was convicted in 1982 of possessing and cultivating marijuana. The record does not reflect that he appealed his conviction.

Holding: Dee focused his attention exclusively on the constitutionality of the marijuana statutes, reasserting the same claims raised in the underlying declaratory judgment action. The district court dismissed those claims on res judicata grounds and Dee did not present any legal arguments directly challenging the district court?s determination. Dee also did not appeal his 1982 conviction in which he could have asked that it be overturned. He presented no argument to support that untimely request now. Consequently, his conviction is res judicata too. The Court summarily affirmed the district court?s order dismissing Dee?s complaint.

Affirmed.

J. Golden delivered the decision.

Link: http://tinyurl.com/yorgk3 .

[SPECIAL NOTE: This opinion uses the "Universal Citation." It was given an "official" citation when it was issued. You should use this citation whenever you cite the opinion, with a P.3d parallel citation. Please note when you look at the opinion that all of the paragraphs are numbered. When you pinpoint cite to a quote, you should cite to this paragraph number rather than to any page number. If you need assistance in putting together a citation using the Universal Citation form, please contact the Wyoming State Law Library.]

Full post as published by Law Library Letter on February 13, 2008 (boomark / email).