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Moore v. State

Supreme Court of Wyoming

October 2, 2013

John Allen MOORE, Appellant (Defendant),
v.
The STATE of Wyoming, Appellee (Plaintiff).

Page 1243

Representing Appellant: Office of the State Public Defender: Diane M. Lozano, State Public Defender, and Elisabeth M.W. Trefonas, Assistant Public Defender, Argument by Ms. Trefonas.

Representing Appellee: Gregory A. Phillips, Wyoming Attorney General; David L. Delicath, Deputy Attorney General; Theodore R. Racines, Senior Assistant Attorney General; Christyne M. Martens, Assistant Attorney General; Darrell D. Jackson, Faculty Director; Emily N. Thomas, Student Director; and Marci Crank Bramlett, Student Intern, of the Prosecution Assistance Program. Argument by Ms. Martens.

Before KITE, C.J., and HILL, VOIGT, BURKE, and DAVIS, JJ.

DAVIS, Justice.

[¶ 1] A Natrona County jury found John Allen Moore guilty of a single count of felony larceny, and Moore perfected a timely appeal from the district court's judgment and sentence. We affirm.

ISSUES

[¶ 2] Moore raises three issues which we restate as follows:

1. Was Moore's trial attorney constitutionally ineffective in failing to challenge juror CW for cause?
2. Did the district court abuse its discretion by failing to grant Moore's motion for a new trial based on the claim that juror BT was mentally incompetent?
3. Does the cumulative effect of the foregoing alleged errors warrant reversal of Moore's conviction?

FACTS

[¶ 3] While returning to work from her lunch break on June 28, 2011, Nicole Crowson drove past some property that her father owned west of Casper. She saw two men with a silver-blue pickup truck pulling a white trailer parked near the front of the property. They appeared to be looking at some items her father was trying to sell.

[¶ 4] The following afternoon she again passed the property and noticed that a structure door which her father kept locked was standing open. Upon closer inspection, she saw that the padlock securing the door had been cut off. After phoning her father, who was then working in North Dakota, she walked around the property and discovered that a 1977 Chevrolet Silverado one-ton pickup truck and a 2002 PJ sixteen-foot ...


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