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2006 WY 125

State v. Naple

Wyoming Supreme Court

Decided September 29, 2006

Wyoming Supreme Court · decided 2006-09-29

Good law ✅— No negative treatment on recordhow we know

Decided 2006-09-29

How this case has been cited

Cited by 15 later decisions — most recently May 2025

15 state decisions

90200620102020decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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VOIGT, C.J.,

¶1files a dissenting opinion, in which HILL, J., joins.

¶2[¶32] While I agree with most everything said in the majority opinion, I simply would come to a different conclusion. If W.R.Cr.P. 16(d)(2) truly does give the district court broad discretion in improvising a remedy for discovery violations by the State “as it deems just under the circumstances,” then the circumstances of this ease, coupled with the matters described in paragraph six of the district court’s order, should suffice. The district court deemed a particular remedy to be just under the circumstances. Even though the district court’s order did not directly identify and discuss the Dennison factors, I would find that it sufficiently recited a reasoned decision, and sufficiently met the spirit of Dennison. Repeated violations by a prosecutor’s office constitute the type of extreme behavior for which nothing short of dismissal with prejudice may have any effect.

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