A Question Of Timing

The Wyoming Supreme Court imposed a public censure of an attorney who filed untimely post-trial motions in a criminal case.

The attorney's client was convicted of attempted first degree murder and aggravated assault. The attorney filed motions for judgment of acquittal and for a new trial. He believed that the motions were timely because of the date of the court's written judgment and sentence. In fact, the time had begun to run from the date the verdict was returned, nineteen days earlier.

The trial court denied the motions as untimely.

The Wyoming Supreme Court found ineffective assistance and ordered a new trial. (Mike Frisch)