 |
 |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|
|
|
|
Worcester v. State8/31/2001
Original Proceeding: Writ of Review
[ ] Jeff Worcester filed a petition for writ of review based on four alleged errors committed by the justice of the peace court and affirmed by the district court. We granted his petition, and, upon review, we find no basis for reversal.
[ ] We affirm.
ISSUES
[ ] Mr. Worcester presents these issues for our review:
Issue #1: Whether or not petitioner's constitutional guarantee of due process of law was violated, and thus plain error committed, when the court permitted evidence utilized by the expert witness to go into the jury room and be considered by the jury when the same was not admitted into evidence as an exhibit.
Issue #2: Whether or not the court, as part of its sentence rendered, exceeded it authority when it ordered petitioner to pay an amount in restitution that was well in excess of the civil jurisdiction of the court.
Issue #3: Whether or not petitioner's constitutional guarantee of due process of law was violated, and thus plain error committed, when the court failed to give an expert witness instruction to the jury so as to enable to properly understand that while might consider an expert's opinion [it was] not bound to accept it.
Issue #4: Whether or not the statute under which the petitioner was convicted (W.S. Sec. 41-13-204, 1977 Repub. Ed. as amended) is void for vagueness in violation of the constitutional guarantee of due process of law.
The State of Wyoming rephrases the issues as:
I. Did the justice of the peace court commit plain error when it permitted models of jet skis, which had not been admitted into evidence, to be taken to the jury room?
II. Did the justice of the peace court exceed its jurisdiction in ordering petitioner to pay restitution in the amount of $16,213.04?
III. Did the justice of the peace court commit plain error when it did not give the jury an instruction on expert witnesses?
IV. Where petitioner did not raise the issue of constitutionality of Wyo. Stat. Ann. § 41-13-204 in the trial court, may he raise the issue on appeal? If so, is Wyo. Stat. Ann. § 41-13-204 void for vagueness?
FACTS
[ ] On September 5, 1998, Mr. Worcester and Michael Babich were operating personal watercrafts on Keyhole Reservoir in Crook County. They were anticipating the arrival of a large motorboat which created particularly high wakes sufficient for recreational jumping. Mr. Worcester and Mr. Babich aligned themselve s side by side in an attempt to cross the wakes at a ninety-degree angle. Mr. Babich proceeded into the wake, and Mr. Worcester followed. Once Mr. Babich went over the first wake, Mr. Worcester could no longer see him but anticipated that he would clear both wakes. After jumping one wake, Mr. Babich came to a halt when he ran out of fuel, and he proceeded to look for his wife while standing on his personal watercraft. Once Mr. Worcester went over the crest, he saw Mr. Babich. Thereafter, Mr. Worcester collided with Mr. Babich's personal watercraft after Mr. Babich was fortunately able to dive into the water. Even so, Mr. Babich suffered severe injury to his legs as the result of the collision. Mr. Worcester was charged by citation with reckless operation of a watercraft in violation of Wyo. Stat. Ann. § 41-13-204 (LexisNexis 2001).
[ ] Mr. Worcester was arraigned in the justice of the peace court and entered a plea of not guilty. On February 17, 1999, a jury convicted him. Thereafter, he filed a pro se notice of appeal in the district court from the justice of the peace court's judgment. Mr. Worcester was ordered to
Page 1 2 3 4 5 6 7 8 Wyoming DUI Attorneys
DUI Lawyers
|
| |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|