Title 7 — Title 7 — Criminal Procedure

Impaneling in criminal cases. Trial juries for criminal actions in district courts and in circuit courts are formed in the same manner as trial juries in civil actions.

Trial of accused. In all criminal cases the jury summoned and impaneled according to the laws relating to the summoning or impaneling of juries in other cases, shall try the accused.

Peremptory challenges. (a) The defendant may challenge peremptorily, in capital cases, twelve (12) jurors, in other felonies eight (8) jurors, and in misdemeanors four (4) jurors. The prosecution may challenge peremptorily, in capital cases, twelve (12) jurors, in other felonies …

Trial of challenges for cause. Both the defense and the prosecution may challenge jurors for cause prior to the jury being sworn. Challenges for cause shall be tried by the court.

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 inno…

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 st…

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 re…

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 o…

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 …

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 …

rules. Applicability of civil procedure provisions and 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…

prejudice. Discharge of jury before verdict without (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 th…

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…

(a) Definitions. 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 o…

capacity. "This act" means W.S. 7-11-301 through 7-11-308. Trial or punishment of person lacking mental (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) Comprehe…

Examination of accused to determine fitness to proceed; reports; commitment; defenses and objections. (a) If it appears at any stage of a criminal proceeding, by motion or upon the court's own motion, that there is reasonable cause to believe that the accused has a mental illness…

Responsibility for criminal conduct; plea; examination; commitment; use of statements by defendant. (a) A person is not responsible for criminal conduct if at the time of the criminal conduct, as a result of mental illness or deficiency, he lacked substantial capacity either to a…

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…

Disposition of persons found not guilty by reason of mental illness or deficiency excluding responsibility. (a) After entry of a judgment of not guilty by reason of mental illness or deficiency excluding responsibility, the court shall, on the basis of evidence given at trial or …

hospital. Treatment of defendant committed to state 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 an…

Duties of the department of health as to designated facilities other than the state hospital. The department of health may designate county detention facilities as qualified to provide security, examination or treatment to accused persons under this act and enter into contracts w…

WITNESSES 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 prosec…

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…

provisions. Applicability of rules and civil procedure (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 crimina…

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…

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 prosecut…

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 arre…

Procedures for taking depositions. Procedures for the taking of depositions in criminal cases shall be governed by the Wyoming Rules of Criminal Procedure.

Videotape depositions. (a) In any case in which the defendant is charged with incest as defined in W.S. 6-4-402(a) or sexual assault as defined in W.S. 6-2-302 through 6-2-304 and 6-2-314 through 6-2-317 and a child less than twelve (12) years of age is the victim, the judge may …

Testimony from child witnesses; accommodations. (a) In any case in which the defendant is charged with incest as defined in W.S. 6-4-402(a) or sexual assault as defined in W.S. 6-2-302 through 6-2-304 and 6-2-314 through 6-2- 317 and a child less than eighteen (18) years of age i…

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…

attempt. Conviction of necessary included offense or 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.

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…

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 …

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 …

appeal. Trial transcript for indigent prisoner upon 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 stenograph…

conviction. Advisement of loss of firearms rights upon (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. §§ 92…