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• Title: Farbotnik V. State
• Author : Supreme Court of Wyoming
• Release Date : January 02, 1993
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 65 KB

Description

The primary issue to be resolved in this case is whether the rule articulated in Bearpaw v. State, 803 P.2d 70 (Wyo. 1990), should be applied retrospectively to a case in which the defendant was a fugitive for almost seven years after his conviction. Application of the Bearpaw rule to this case would require reversal. If the Bearpaw rule is not applied, collateral issues relating to the sufficiency of the evidence and unlawful aspects of the sentence must be addressed. In addition, James Alan Farbotnik (Farbotnik) raises, through a pro se brief, issues of ineffective assistance of counsel; disparate, and therefore, unlawful sentencing; inadmissible evidence; and jury bias. We conclude that the rule announced in Bearpaw constitutes a supervisory decision by this court, which will not be applied retrospectively. None of the other claims of error have any viability, except for the claims of error in the requirement for restitution and payment into the crime victims' compensation account, which require modification of the judgment and sentence. The judgment and sentence, as modified, is affirmed.

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