Duffy v. State3/21/1990
erpretation attributable to the original framers of the federal Constitution into a state's own constitutional jurisprudence. Similarly, in the absence of an indication that a state's constitutional framers looked to Supreme Court precedent in framing a provision, there is no reason to assume that Supreme Court doctrine influenced them during their deliberations.
Id. at 543 (footnotes omitted).
I am not confined to abject reliance on the borrowed interpretative model for Wyoming constitutional implementation. To secure effective guidance is to require consistent direction. Serious scholarship suggests we should more adequately rely on state court decisions to interpret our state constitution and not on the changeability of federal adaptations manifested by confusing and denying constitutional rights. Witness need only be taken in the trend lines and variances found in those cases. Commencing with Ex parte Lange, 85 U.S. 163, we need only follow Ebeling v. Morgan, 237 U.S. 625, 35 S.Ct. 710, 59 L.Ed. 1151 (1915); United States v. Universal C.I.T. Credit Corp., 344 U.S. 218, 73 S.Ct. 227, 97 L.Ed. 260 (1952); Gore v. United States, 357 U.S. 386, 78 S.Ct. 1280, 2 L.Ed.2d 1405, reh'g denied 358 U.S. 858, 79 S.Ct. 13, 3 L.Ed.2d 92 (1958); North Carolina v. Pearce, 395 U.S. 711, 89 S.Ct. 2072, 23 L.Ed.2d 656 (1969); Brown v. Ohio, 432 U.S. 161, 97 S.Ct. 2221, 53 L.Ed.2d 187 (1977); Whalen v. United States, 445 U.S. 684, 100 S.Ct. 1432, 63 L.Ed.2d 715 (1980); Albernaz v. United States, 450 U.S. 333, 101 S.Ct. 1137, 67 L.Ed.2d 275 (1981); Hunter, 459 U.S. 359, 103 S.Ct. 673; and most recently, United States v. Broce, 488 U.S. 563, 109 S.Ct. 757, 102 L.Ed.2d 927 (1989) to ascertain how little we can establish as a permanent, consistent enforcement of this constitutional right prohibiting double jeopardy which, in history, predates the United States Constitution by at least 500 years and probably had its initiation in Roman and Grecian law more than a millennium earlier.
Furthermore, we are even informed how thin the waiver veneer can be. See also the recognition "that the `waiver' rationale is a `conceptual abstraction' which obscures rather than illuminates the underlying clash of societal and individual interests." Benton v. Maryland, 395 U.S. 784, 812, 89 S.Ct. 2056, 2071, 23 L.Ed.2d 707 (1969), Harlan, J., dissenting. See also United States v. Tateo, 377 U.S. 463, 84 S.Ct. 1587, 12 L.Ed.2d 448 (1964), where Justice Harlan wrote the opinion for the court, and its predecessor, Ball v. United States, 163 U.S. 662, 16 S.Ct. 1192, 41 L.Ed. 300 (1896). The literature is extensive, but among the scholarly reviews one can find thought and persuasion in Pote, A Closer Look at the Supreme Court and the Double Jeopardy Clause, 49 Ohio St. L.J. 799 (1988); Thomas, Multiple Punishments for the Same Offense: The Analysis After Missouri v. Hunter or Don Quixote, The Sargasso Sea and the Gordian Knot, 62 Wn.U.L.Q. 79 (1985); Comment, supra, 75 Yale L.J. 262; Note, Criminal Procedure — Consecutive Sentences For Felony Murder and the Underlying Felony: Double Jeopardy or Legislative Intent? Birr v. State, 744 P.2d 1117 (Wyo. 1987), XXIII Land & Water L.Rev. 603 (1988); and Survey, supra, 65 N.C.L.Rev. 1121.
G. Representative cases can be found in abundance where the state courts have drawn the line against fracturing a criminal transaction into too many crimes. One of the more attentive courts is illustrated by Hunnicutt, 755 P.2d at 109-110 (emphasis in original):
The fifth amendment guarantee against double jeopardy protects against multiple punishments for the same offense. North Carolina v. Pearce, 395 U.S. 711, 717, 89 S.Ct. 2072, 2076, 23 L.Ed.2d 656 (1
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