MOULTON v. STATE

No. 05-244.

148 P.3d 38 (2006)

2006 WY 152

James Thomas MOULTON, Appellant (Defendant), v. The STATE of Wyoming, Appellee (Plaintiff).

Supreme Court of Wyoming.

December 15, 2006.


Attorney(s) appearing for the Case

Representing Appellant: Ken Koski, State Public Defender, PDP; Donna D. Domonkos, Appellate Counsel; Diane Courselle, Faculty Director, DAP; Michael Irvin, Student Intern; Kathryn Hogarty, Student Intern. Argument by Ms. Hogarty.

Representing Appellee: Patrick J. Crank, Attorney General; Paul Rehurek, Deputy Attorney General; D. Michael Pauling, Senior Assistant Attorney General; James Michael Causey, Assistant Attorney General. Argument by Mr. Causey.

Before VOIGT, C.J., and GOLDEN, HILL, KITE, and BURKE, JJ.


KITE, Justice.

[¶ 1] James Moulton was charged with one count of manufacturing psilocyn,1 a felony, in violation of Wyo. Stat. Ann. § 35-7-1031(a)(ii) (LexisNexis 2005). Prior to trial, he filed a motion to suppress evidence seized from his residence pursuant to a search warrant obtained by deputies after they entered and searched the residence without a warrant. The district court concluded the emergency assistance exception...

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