Wyoming

This Wyoming case concerns the application of the sales provisions of the Uniform Commercial Code as adopted in Wyoming (ss 34-21-201 through 34-21-299.5, W.S.1977) to a sale of a registered Black Labrador retriever which was intended for competition in field trials. More specifically the question is whether the continued physical ability of this retriever, as a matter of law, was precluded from becoming part of the basis for the bargain of the parties. The court agreed with the district court in this instance that, as a matter of law, the expressions of the seller relative to the potential of this retriever were only expressions of opinion or commendation and not an express warranty.

While on vacation at a ranch in Wyoming, plaintiff was thrown or fell from a horse that stepped in a large badger hole. Allegedly, the trail guide left the plaintiff and her husband at the scene in order to get help. Worried about potential wildlife attacks, the plaintiff and her husband walked to a nearby residence for assistance. The plaintiff later brought a negligence suit against the ranch for injuries she had sustained during the fall. At trial, the jury verdict stated the plaintiff had assumed the risk and the plaintiff was therefore not entitled to damages. On appeal, the plaintiff challenged a jury instruction and asserted the trial court abused its discretion when it awarded costs to the ranch. The plaintiff did not prevail on either claim.

Defendant was convicted of misdemeanor animal cruelty. Defendant appealed, claiming ineffective assistance of counsel. The Supreme Court held that he was not entitled to a reversal, because he failed to demonstrate that his counsel failed to render reasonably competent assistance that prejudiced him to such an extent that he was deprived of a fair trial. The Court held that it was not ineffective assistance to 1) fail to object to testimony regarding defendant's arrest and incarceration, and 2) fail to object to defendant's brother testifying while wearing a striped prison suit.