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WEST v. STATE

No. S-13-0012.

311 P.3d 157 (2013)

2013 WY 128

Anthony Duane WEST, Appellant (Defendant), v. The STATE of Wyoming, Appellee (Plaintiff).

Supreme Court of Wyoming.

October 16, 2013.

Attorney(s) appearing for the Case

Representing Appellant: Office of the State Public Defender: Diane Lozano , State Public Defender; Tina N. Olson , Chief Appellate Counsel; Kirk A. Morgan , Senior Assistant Appellate Counsel. Argument by Mr. Morgan.

Representing Appellee: Gregory A. Phillips , Wyoming Attorney General; David L. Delicath , Deputy Attorney General; Theodore R. Racines , Senior Assistant Attorney General; Prof. Darrell D. Jackson , Faculty Director, Prosecution Assistance Clinic; Emily N. Thomas , Student Director; Thomas Szott , Student Intern. Argument by Mr. Szott.

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

KITE, Chief Justice.

[¶ 1] Anthony Duane West was convicted after a jury trial of conspiracy to commit burglary. He claims the district court erred by refusing to order one of his co-conspirators to submit handwriting exemplars so that Mr. West's expert witness could evaluate whether the co-conspirator was the author of certain notes sent in jail. We conclude that the subpoena procedure may be used to order a witness to provide handwriting exemplars; however...

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