JEREMIAH ANTHONY MARSHALL, a/k/a JEREMIAH ANTHONY MAHONEY, Appellant (Defendant),
THE STATE OF WYOMING, Appellee (Plaintiff).
from the District Court of Natrona County The Honorable W.
Thomas Sullins, Judge
Representing Appellant: Office of the State Public Defender:
Diane M. Lozano, State Public Defender; Tina N. Olson, Chief
Appellate Counsel; Patricia Lynn Bennett, Senior Assistant
Representing Appellee: Peter K. Michael, Attorney General;
David L. Delicath, Deputy Attorney General; Christyne M.
Martens, Senior Assistant Attorney General; Micah
Christensen, Student Intern.
BURKE, C.J., and HILL, DAVIS, FOX, and KAUTZ, JJ.
Appellant, Jeremiah Anthony Marshall, challenges his
convictions of felony possession of methamphetamine, in
violation of Wyo. Stat. Ann. § 35-7-1031(c)(ii), and
misdemeanor interference with a peace officer, in violation
of Wyo. Stat. Ann. § 6-5-204(a). He contends the
district court erred by refusing to stay proceedings for
purposes of a second competency evaluation. We affirm.
Mr. Marshall presents a single issue:
Did the district court err when it failed to suspend
proceedings and order a competency evaluation?
In November 2014, Mr. Marshall was a passenger in a vehicle
that was stopped for driving with its high-beam headlights
on. During the stop, the officer learned from the driver of
the vehicle that Mr. Marshall had given the officer a false
name. The officer conducted a pat-down search of Mr. Marshall
and detected an object in his left pant leg pocket. When the
officer inquired about the object, Mr. Marshall ran from the
officer. After a foot chase, he was apprehended and arrested.
Officers searched the path of the foot chase and found a case
containing two glass pipes and a plastic bag with
Mr. Marshall was charged with one count of felony possession
of methamphetamine, in violation of Wyo. Stat. Ann. §
35-7-1031(c)(ii), one count of interference with a peace
officer, in violation of Wyo. Stat. Ann. § 6-5-204(a),
and one count of forgery, in violation of Wyo. Stat. Ann.
§ 6-3-602(a). The forgery charge was subsequently
dismissed. After he was charged, Mr. Marshall's appointed
counsel filed a motion to suspend proceedings pending a
competency evaluation. At the hearing on that motion, Mr.
Marshall's counsel noted that Mr. Marshall had a
self-reported traumatic brain injury and had trouble
recognizing that he had previously spoken with counsel. The
court determined that there was reasonable cause to believe
that Mr. Marshall had a mental illness or deficiency making
him unfit to proceed and ordered an inpatient competency
evaluation to be conducted at the Wyoming State Hospital.
Mr. Marshall was evaluated for approximately six weeks at the
hospital by Dr. David Carrington, a board-certified forensic
psychiatrist. Dr. Carrington provided a written report in
which he concluded that Mr. Marshall "possesses a
rational as well as a factual understanding of his legal
charges and of basic legal procedure in general." The
It is my opinion that though [Mr. Marshall] expresses some
seemingly paranoid behaviors and makes paranoid statements
[they] are due to personality factors including the sense of
entitlement and manipulation more than they are related to
the presence of a major mental illness. It is my opinion that
[Mr. Marshall] is currently able to cooperate with his
attorney with a reasonable degree of rational understanding
and participate appropriately and effectively in his defense
if he chooses to do so. Thus, it is my opinion with a
reasonable degree of medical and psychiatric certainty that
[Mr. Marshall] is presently fit to proceed on his current
After receiving the report, the court convened a competency
hearing. At that hearing, Mr. Marshall noted that he did not
agree with certain aspects of the evaluation. As a result,
the court ordered a contested hearing in accordance with Wyo.
Stat. Ann. § 7-11-303(f) (LexisNexis 2013).
At the contested hearing, Dr. Carrington testified regarding
the findings in his report. Neither party objected to the
report or expressed any disagreement with respect to the
finding that Mr. Marshall was fit to proceed. Accordingly,