Mogard v. City of Laramie9/24/2001
83). The same result must pertain under Art. 1, § 10 of the Wyoming Constitution. This view is consistent with that of the Supreme Court of the United States. Best v. State, 736 P.2d 739, 742 (Wyo. 1987).
With respect to Jandro's claim that he was denied his right, under the Sixth Amendment to the United States Constitution and Article 1, § 10 of the Constitution of the State of Wyoming, to confront witnesses against him, we adopt the rule articulated by the Supreme Court of the United States. Jandro v. State, 781 P.2d 512, 523 (Wyo. 1989).
Article 1, § 10 of the Wyoming Constitution likewise provides for the right to counsel in criminal prosecutions and tracks the federal provision. Nelson v. State, 934 P.2d 1238, 1240 (Wyo. 1997).
The Sixth Amendment right to counsel accrues at the time adversary judicial proceedings are initiated against the defendant. * * * Counsel is required not just at trial, but at "critical stages" both before and after trial in which the substantial rights of the accused may be affected. Duffy [v. State], 837 P.2d at 1052 [(Wyo. 1992)] (citing United States v. Wade, 388 U.S. 218, 87 S.Ct. 1926, 18 L.Ed.2d 1149 (1967)); Chavez v. State, 604 P.2d 1341, 1347 (Wyo.1979), cert. denied, 446 U.S. 984, 100 S.Ct. 2967, 64 L.Ed.2d 841 (1980). Nelson, 934 P.2d at 1240.
The right to a speedy trial is guaranteed to the criminally accused by the Sixth Amendment to the United States Constitution, made obligatory on the states by the Fourteenth Amendment. Phillips v. State, 597 P.2d 456, 460 (Wyo.1979). This right is also secured by Art. 1, § 10 of the Wyoming Constitution. Id. Although compliance with Rule 48 will go a long way in protecting a defendant's right to a speedy trial, it is also necessary to examine speedy trial issues in light of the constitutional factors which provide the underpinnings of the rule. Hall v. State, 911 P.2d 1364, 1370 (Wyo.1996).
[In that regard], e have accepted the balancing test set out in Barker v. Wingo, 407 U.S. 514, 530, 92 S.Ct. 2182, 2192, 33 L.Ed.2d 101 (1972) * * *. Almada, 994 P.2d at 304.
he Fourteenth Amendment incorporated the Sixth Amendment right to counsel, and accordingly required the states to make appointed counsel available to indigent defendants in all "criminal prosecutions." * * * Article 1, § 10 of the Wyoming Constitution . . . tracks the federal provision. Pearl v. State, 996 P.2d 688, 689 (Wyo. 2000) (quoting Gideon v. Wainwright, 372 U.S. 335, 83 S.Ct. 792, 9 L.Ed.2d 799 (1963)).
e hold that the Sixth Amendment requires appointment of counsel for indigent probationers when the indigent probationer was entitled to be represented by an attorney [at judicial probation revocation proceedings]. Pearl, 996 P.2d at 692.
[ ] These cases have been cited at length because they establish the precedent for our decision herein. Several generalizations may be made. First, in many of the cases, there is only a Sixth Amendment analysis, with no Wyo. Const. art. 1, § 10 analysis. Second, even where Wyo. Const. art. 1, § 10 is cited, there is no separate state constitutional analysis. Third, where there is mention of both constitutions, the Sixth Amendment and Wyo. Const. art. 1, § 10 are almost uniformly considered to be "parallel provisions" with consistent interpretation and application. Fourth, even after Saldana in 1993, neither litigants nor this Court strayed much from federal precedent and the Sixth Amendment in addressing Wyo. Const. art. 1, § 10. And fifth, reference back to the Sixth Amendment and reliance upon United States Supreme Court precedent has been necessitated by the dearth of state constitutional history and the resulting failure to
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