706 P2D 1108 - MJP v. State

How this case has been cited

Cited by 6 later decisions — most recently August 2004

6 state decisions

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.

GUTHRIE, Justice,

¶1Retired, concurring in the result and dissenting in part.

¶2I concur in the result of this opinion but dissent from that part or portion thereof which treats and discusses appellant’s first asserted issue. Appellant cannot properly raise his first contention not having made the proper objections or presented this question to the trial court. He does not in his brief contend or attempt to demonstrate that this involves plain error. Hopkinson v. State, Wyo., 664 P.2d 48, 50, cert. denied 464 U.S. 908, 104 S.Ct. 262, 78 L.Ed.2d 246 (1983), and authorities cited therein. Absent plain error, it is well recognized that the supreme court is not the proper forum in which to raise a constitutional question for the first time. Apodaca v. State, Wyo., 571 P.2d 603, 605 (1977).

¶3Since it is neither proper nor necessary for this court to decide this question, this is dicta. Felske v. State, Wyo., 706 P.2d 257 (1985).