Title 7, Title 7 — Criminal Procedure
23 chapters · 437 sections in this title.
W.S. § 7-4-104 Definitions
1.6K chars
Definitions. (a) As used in this chapter: (i) "Coroner's case" means a case involving a death which was not anticipated and which may involve any of the following conditions: (A) Violent or criminal action; (B) Apparent suicide; (C) Accident; (D) Apparent drug or chemical overdos…
W.S. § 7-4-105 Confidentiality of reports, photos and recordings; exceptions; penalties
6.7K chars
Confidentiality of reports, photos and recordings; exceptions; penalties. (a) After viewing the body and completing his investigation, the coroner shall draw up and sign his verdict on the death under consideration. The coroner shall also make a written docket giving an accurate …
W.S. § 7-4-106 Archaeological human burial sites
4.3K chars
Archaeological human burial sites. (a) The county coroner shall have jurisdiction over all archaeological human burials discovered in the county on state or private lands. (b) When human remains are discovered: (i) The person who discovers the remains shall cease the activity tha…
W.S. § 7-4-201 Reports of death; investigation; summoning of jurors; fees and costs; inspection of medical records
2.8K chars
Reports of death; investigation; summoning of jurors; fees and costs; inspection of medical records. (a) When any person is found dead and the death appears to have occurred under circumstances indicating the death is a coroner's case, the person who discovers the death shall rep…
W.S. § 7-4-202 Impaneling of bystanders as jurors; oath
0.5K chars
Impaneling of bystanders as jurors; oath. If any juror fails to appear, the coroner shall immediately summon the proper number from the bystanders and proceed to impanel them. He shall administer the following oath: "You do solemnly swear (or affirm) that you will diligently inqu…
W.S. § 7-4-203 Issuance of subpoenas; witness fees; enforcement of attendance
0.4K chars
Issuance of subpoenas; witness fees; enforcement of attendance. The coroner may issue subpoenas and compel the attendance of witnesses to testify at the inquest. Witnesses shall be allowed the same fees as in cases before a circuit court, and the coroner shall have the same autho…
W.S. § 7-4-204 Oath of witness; recording of testimony; compensation of reporter
0.7K chars
Oath of witness; recording of testimony; compensation of reporter. An oath shall be administered to each witness as follows: "You do solemnly swear (or affirm) that the testimony which you shall give to this inquest concerning the death of the person about whom this inquest is be…
W.S. § 7-4-205 Return of inquisition by jury
0.2K chars
Return of inquisition by jury. After hearing testimony and making necessary inquiries, the jurors shall return to the coroner their signed inquisition stating the name of the person and when, how and by what means, if known, he came to his death.
W.S. § 7-4-206 Coroner's return to court
0.2K chars
Coroner's return to court. The coroner shall return to the district court the inquisition, the written evidence and a list of witnesses providing material testimony.
W.S. § 7-4-207 Disposition of body and effects of deceased
1.8K chars
Disposition of body and effects of deceased. (a) When the coroner investigates the death of a person whose body is not claimed by a friend or relative within five (5) days of the date of discovery and whose death does not require further investigation, he shall cause the body to …
W.S. § 7-4-208 Authority of sheriff to perform duties of coroner
0.5K chars
Authority of sheriff to perform duties of coroner. If there is no coroner, deputy coroner or in case of their absence, or inability to act, the county sheriff of the same county, the state health officer pursuant to W.S. 35-1-241, or the coroner of another county if there is a jo…
W.S. § 7-4-209 Postmortem examination; liability limitation
0.7K chars
Postmortem examination; liability limitation. (a) When an inquisition is being held, if the coroner or the jury shall deem it requisite, he may summon one (1) or more physicians or surgeons, to make an autopsy or postmortem examination. (b) If it is necessary to obtain or preserv…
W.S. § 7-4-210 Fees and mileage; salary
0.4K chars
Fees and mileage; salary. (a) The coroner or deputy coroner of each county within this state shall receive fees and mileage, if any, as set by the board of county commissioners. (b) The board of county commissioners shall set the salary of the coroner and deputy coroner. A corone…
W.S. § 7-4-211 Board of coroner standards
3.3K chars
Board of coroner standards. (a) There is created a board of coroner standards. The board shall consist of one (1) chairman and six (6) members appointed by and who shall serve at the pleasure of the governor as follows: (i) One (1) shall be a physician with a specialty in patholo…
W.S. § 7-5-101 Required court order for summoning
0.1K chars
Required court order for summoning. A grand jury shall be summoned only when ordered by a judge of the district court.
W.S. § 7-5-102 Manner of summoning; term
0.2K chars
Manner of summoning; term. A grand jury shall be selected, summoned and impaneled in the same manner as trial juries in civil actions and shall serve for one (1) year following selection unless discharged sooner by the district judge.
W.S. § 7-5-103 Composition; qualifications; alternates
0.4K chars
Composition; qualifications; alternates. (a) A grand jury shall consist of twelve (12) persons who shall possess the qualifications of trial jurors as provided by W.S. 1-11-101. (b) The district judge may direct the selection of one (1) or more alternate jurors who shall sit as r…
W.S. § 7-5-104 (b) Before entering upon their duties, an oath or affirmation shall be administered to the foreman and each of the jurors providing, in substance, that each of them will: (i) Diligently inquire into a
0.5K chars
(b) Before entering upon their duties, an oath or affirmation shall be administered to the foreman and each of the jurors providing, in substance, that each of them will: (i) Diligently inquire into all matters coming before them; (ii) Find and present indictments truthfully and …
W.S. § 7-5-201 Appointment of foreman; oath of jurors
0.2K chars
Appointment of foreman; oath of jurors. (a) The district judge shall appoint one (1) of the jurors to be foreman. The foreman is authorized to administer oaths to witnesses and shall sign indictments as provided by W.S.
W.S. § 7-5-202 Charging of duties; powers
0.6K chars
Charging of duties; powers. (a) After the grand jury is impaneled and sworn, the district judge shall charge the jurors as to their duties particularly to the obligation of secrecy which their oaths impose, and give them any information the court deems proper concerning any offen…
W.S. § 7-5-203 Right of district attorney to appear before jury; presence of other persons during deliberations
0.5K chars
Right of district attorney to appear before jury; presence of other persons during deliberations. (a) The district attorney, or the deputy or assistant district attorney may appear before the grand jury for the purpose of: (i) Giving information relative to any matter under inqui…
W.S. § 7-5-204 Process for witnesses
0.2K chars
Process for witnesses. If requested by the grand jury or the district attorney, the clerk of the court in which the jury is impaneled shall issue subpoenas for the attendance of witnesses to testify before the grand jury.
W.S. § 7-5-205 Administration of oath or affirmation to witnesses
0.2K chars
Administration of oath or affirmation to witnesses. Before any witness is examined by the grand jury, an oath or affirmation shall be administered to him by the foreman.
W.S. § 7-5-206 Proceedings upon refusal of witness to testify
0.6K chars
Proceedings upon refusal of witness to testify. If a witness appearing before a grand jury refuses, without just cause shown, to testify or provide other information, the district attorney may take the witness before the court for an order directing the witness to show cause why …
W.S. § 7-5-207 Secrecy of indictments against persons not under control
0.4K chars
Secrecy of indictments against persons not under control. The district judge may direct that an indictment shall be kept secret until the defendant is in custody or has given bail, and in that event the clerk shall seal the indictment and no person shall disclose the finding of t…
W.S. § 7-5-208 Confidentiality
1.0K chars
Confidentiality. (a) Disclosure of matters occurring before the grand jury, other than its deliberations and the vote of any juror, may be made to the district attorney for use in the performance of his duties. The district attorney may disclose so much of the grand jury's procee…
W.S. § 7-5-209 Presentation and filing of indictment
0.2K chars
Presentation and filing of indictment. Indictments found by the grand jury shall be presented by the foreman to the court in the presence of the jury and filed with the clerk.
W.S. § 7-5-301 Petition for impaneling; determination by district judge
0.4K chars
Petition for impaneling; determination by district judge. If the attorney general or the governor deems it to be in the public interest to convene a grand jury which shall have jurisdiction extending beyond the boundaries of any single county, he may petition the judge of any dis…
W.S. § 7-5-302 Powers and duties; applicable law; procedural rules
0.6K chars
Powers and duties; applicable law; procedural rules. A state grand jury shall have the same powers and duties and shall function in the same manner as a county grand jury, except for the provisions of W.S. 7-5-202(b)(ii), and except that its jurisdiction shall extend throughout t…
W.S. § 7-5-303 Selection and term of members
0.8K chars
Selection and term of members. The district judge granting the petition to convene a state grand jury shall impanel the state grand jury from a base jury list for the state compiled by the supreme court. The district court judge may specify that the base jury list for the state n…
W.S. § 7-5-304 Summoning of jurors
0.1K chars
Summoning of jurors. Jurors shall be summoned and selected in the same manner as jurors of county grand juries.
W.S. § 7-5-305 Judicial supervision
0.3K chars
Judicial supervision. Judicial supervision of the state grand jury shall be maintained by the district judge who issued the order impaneling the grand jury, and all indictments, reports and other formal returns of any kind made by the grand jury shall be returned to that judge.
W.S. § 7-5-306 Presentation of evidence
0.3K chars
Presentation of evidence. The presentation of the evidence shall be made to the state grand jury by the attorney general or his designee. In the event the office of the attorney general is under investigation, the presentation of evidence shall be made to the state grand jury by …
W.S. § 7-5-307 Return of indictment; designation of venue; consolidation of indictments
0.4K chars
Return of indictment; designation of venue; consolidation of indictments. Any indictment by the state grand jury shall be returned to the district judge without any designation of venue. Thereupon, the judge shall, by order, designate the county of venue for the purpose of trial.…
W.S. § 7-5-308 Investigative powers; secrecy of proceedings
1.7K chars
Investigative powers; secrecy of proceedings. (a) In addition to its powers of indictment, a statewide grand jury impaneled under W.S. 7-5-301 through 7-5-309 may, at the request of the attorney general, cause an investigation to be made into the extent of organized criminal acti…
W.S. § 7-5-309 Costs and expenses
0.2K chars
Costs and expenses. The costs and expenses incurred in impaneling a state grand jury and in the performance of its functions and duties shall be paid by the state out of funds appropriated to the attorney general for that purpose.
W.S. § 7-6-101 Short title
0.1K chars
Short title. This act shall be known and may be cited as the "Public Defender Act".
W.S. § 7-6-102 Definitions
1.6K chars
Definitions. (a) As used in this act: (i) Repealed by Laws 1989, ch. 121, § 2. (ii) Repealed by Laws 1989, ch. 121, § 2. (iii) "Expenses", when used with reference to representation under this act, include the expenses of investigation, other preparation and trial; (iv) "Needy pe…
W.S. § 7-6-103 Creation of office of state public defender; appointment of state public defender and assistants; duties; removal
3.1K chars
Creation of office of state public defender; appointment of state public defender and assistants; duties; removal. (a) There is created the office of the state public defender. The office of the state public defender shall be deemed a state agency for budgeting purposes pursuant …
W.S. § 7-6-104 Representation of needy persons
2.1K chars
Representation of needy persons. (a) The public defender shall represent as counsel any needy person who is under arrest for or formally charged with having committed a serious crime if: (i) The defendant requests counsel; or (ii) The court, on its own motion or otherwise, orders…
W.S. § 7-6-105 Advisement of rights; appointment of attorney
1.0K chars
Advisement of rights; appointment of attorney. (a) A needy person who is being interrogated by law enforcement personnel for a serious crime, or who is a probationer or parolee, shall be informed of his right to be represented by an attorney at public expense. If the person being…
W.S. § 7-6-106 Determination of need; reimbursement for services
5.6K chars
Determination of need; reimbursement for services. (a) The determination of whether a person covered by W.S. 7-6-104 is a needy person shall be deferred until his first appearance in court or in a suit for payment or reimbursement under W.S. 7-6-108, whichever occurs earlier. The…
W.S. § 7-6-107 Waiver of rights
0.7K chars
Waiver of rights. A person who has been advised of his rights under W.S. 7-6-105 may waive any right provided by this act if at the time of or after waiver, the court finds that the person has acted with full awareness of his rights and of the consequences of a waiver and if the …
W.S. § 7-6-108 Recovery of payment
0.5K chars
Recovery of payment. (a) Within six (6) years after the date the services were rendered, the attorney general may sue on behalf of the state to recover payment or reimbursement from each person who has received legal assistance or other benefits under this act or, in the case of …
W.S. § 7-6-109 Appointment of outside attorney
2.3K chars
Appointment of outside attorney. (a) Nothing in this act shall prevent a court on its own motion or upon application by the state public defender or by the individual defendant, from appointing an attorney other than the public defender to represent the defendant or to assist in …
W.S. § 7-6-110 Use of state or private facilities
0.5K chars
Use of state or private facilities. (a) The public defender or an appointed defending attorney is entitled to use the same state facilities for the evaluation of evidence as are available to the prosecuting attorney. If it appears the use of state facilities is unavailable or ina…
W.S. § 7-6-111 Office space
0.4K chars
Office space. The county commissioners of each county shall provide suitable office space and utility services, other than telephone service, for the use of the state public defender and his assistants. If suitable office space for all assistant public defenders cannot be provide…
W.S. § 7-6-112 Applicability of provisions
0.6K chars
Applicability of provisions. (a) This act does not apply to: (i) Matters arising out of an action pending in the juvenile courts of this state unless it is in a juvenile delinquency proceeding or a child in need of supervision proceeding; (ii) Representation of an individual in p…
W.S. § 7-6-113 Funding
1.1K chars
Funding. (a) The total state and federal funding of the public defender program shall be eighty-five percent (85%) of the state public defender budget. (b) Each county shall appropriate funds to supplement the state public defender budget in accordance with an equitable formula d…
W.S. § 7-6-114 Other legal protections or sanctions
0.1K chars
Other legal protections or sanctions. The protections provided by this act do not exclude any protection or sanction that the law otherwise provides.