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2010 WY 30

Noller v. State

Wyoming Supreme Court

Decided March 18, 2010

Wyoming Supreme Court · decided 2010-03-18

Cited by 12 later decisions — most recently February 2025

12 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 2010-03-18

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VOIGT, Chief Justice,

¶1specially concurring.

¶2[¶ 25] The presentence investigation report submitted in this case clearly violated the dictates of W.R.Cr.P. 82(a)(@Q)(B). It is not a report; it is a diatribe based apparently upon the writer's personal animosity toward the appellant and sympathy for the victims. While the majority opinion touches upon this fact, I write separately to state more forcefully that, were it not for the excellent job done by the district court both in "distinguishing the wheat from the chaff," and in setting forth the specific record facts upon which the sentence was based, I would vote to reverse the sentence and remand to the district court for preparation of a new presentence investigation report, prepared by a different agent.

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