HB0052 • 2025

State's right of appeal in criminal cases.

AN ACT relating to criminal procedure; establishing a right of appeal for the state in criminal cases as specified; providing requirements and limitations for the state to appeal in criminal cases; and providing for an effective date.

Inactive

Wyoming marks this bill as inactive, which usually means it is no longer moving in the current session.

Sponsor: Judiciary
Last action: 2025-03-03
Official status: inactive
Effective date: 3/1/2025

Plain English Breakdown

The bill was marked as inactive and did not pass in the current session.

State's Right to Appeal in Criminal Cases

The bill establishes a right for the state to appeal certain decisions made by judges in criminal cases.

What This Bill Does

Creates a right for the state to appeal specific court orders and judgments in criminal cases, such as dismissals or suppression of evidence.
Allows the state to seek review of interlocutory orders before jeopardy attaches if they affect important legal issues.
Sets rules on when and how the state can file an appeal.

Who It Names or Affects

The state's prosecutors who handle criminal cases.
Judges who make decisions in criminal trials.
Defendants involved in criminal cases.

Terms To Know

Appeal: A request to a higher court to review and change the decision of a lower court.
Interlocutory order: An order made by a judge during a trial that does not end the case but affects how it is handled.

Limits and Unknowns

The bill only applies to criminal cases and does not cover civil cases.
It is unclear if this law will change how many appeals are filed or their outcomes.
This bill was marked as inactive, meaning it did not pass in the current session.

Bill History

2025-03-03 House
H:Died in Committee Returned Bill Pursuant to HR 5-4
2025-02-07 House
H No report prior to CoW Cutoff
2025-01-17 House
H Introduced and Referred to H01 - Judiciary
2025-01-02 House
H Received for Introduction
2024-12-17 LSO
Bill Number Assigned

Current Bill Text

Read the full stored bill text

25LSO-0128
2025
STATE OF WYOMING
25LSO-0128
Introduced
2.0

HOUSE BILL NO. HB0052

State's right of appeal in criminal cases.

Sponsored by: Joint Judiciary Interim Committee

A BILL

for

AN ACT relating to criminal procedure; establishing a right of appeal for the state in criminal cases as specified; providing requirements and limitations for the state to appeal in criminal cases; and providing for an effective date.

Be It Enacted by the Legislature of the State of Wyoming:

Section 1
.

W.S. 7
‑
12
‑
105 is created to read:

7
‑
12
‑
105.

Appeals by the state in criminal cases.

(a)

The state may, as a matter of right, appeal from the following orders and judgments:

(i)

A final judgment of dismissal of an indictment or information or any count thereof, including a dismissal of a felony information following a decision not to bind the defendant over for trial;

(ii)

An order before trial that suppresses any evidence, including physical or identification evidence or evidence of a confession or admission;

(iii)

An order granting a motion to withdraw a plea of guilty or no contest;

(iv)

An order arresting or modifying a judgment of conviction;

(v)

An order terminating the prosecution because of a finding of double jeopardy or the denial of a speedy trial;

(vi)

An order granting a new trial;

(vii)

An order holding a statute or any part of a statute invalid;

(viii)

An order adjudicating that a defendant is incompetent or has a mental illness or deficiency that makes the defendant unfit to proceed;

(ix)

An order adjudicating that a defendant lacks the requisite mental capacity for the execution of the defendant under W.S. 7
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13
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902;

(x)

An order finding that a sentence is illegal or that corrects an illegal sentence;

(xi)

An order dismissing a charge under W.S. 6
‑
2
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602.

(b)

In addition to any appeal permitted under subsection (a) of this section, the state may seek discretionary appellate review of any interlocutory order entered before jeopardy attaches.

Section 2
.

This act is effective July 1, 2025
.

(END)

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HB0052