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Wyoming

State Resource Guide

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The Post-Conviction Process

Click on the underlined links to view more information. 

To help you better use this state-by-state resource, here is a glossary of terms used throughout this site.

Post-Sentencing Review

Direct Appeal

State Post-Conviction Motions

Federal Habeas Corpus

Early Release Programs

Clemency

Victims have rights throughout this whole process. Click here to learn more.

A criminal case may not go through each stage included in this visual representation, or these stages may occur in a different order than they appear in this graphic. Additionally, some cases may go through these stages several times. Each case is unique, and this chart is intended only as a visual aid to help victims and survivors understand the post-sentencing process.

Post-Sentencing Review

After an individual accused of a crime has been convicted and sentenced, they may file motions in the trial court to challenge their conviction or sentence.
  • These can include motions to withdraw a plea, to be resentenced, or for a new trial based on new evidence or problems with how the case has been handled. In certain situations, the prosecution may also file a motion to modify the person’s sentence.
  • Victims can receive information about post-trial motions from the local prosecutor’s office where the crime occurred.

Direct Appeal

After any post-sentencing motions are decided by the court (or if no post-sentencing motions are filed), an individual convicted of a crime may ask a higher court to review the trial court’s and jury’s decisions. This is called a “direct appeal.”
  • On appeal, the court does not admit new evidence or call witnesses but instead reviews what happened in the trial court. If the convicted person pursues an appeal, they may ask to be released while it is pending.
  • The Wyoming Attorney General represents the State on direct appeal. To receive appeal updates, victims must complete a Notification of Rights and Request Form online or through the prosecutor’s office where the crime occurred. More information is available here or by contacting the WDOC Victim Notification Program at 307-777-5822.

State Post-Conviction Motions

Post-conviction motions are requests to have the conviction or sentence reviewed that are filed after the direct appeal process has ended.
  • These motions can seek many outcomes, including invalidation of the conviction, shortening the amount of time the convicted person must spend in prison, or permission from the court for that individual to view or find additional information relevant to the case – such as new DNA testing.
  • The Wyoming Attorney General represents the State in state post-conviction proceedings. To receive updates on the state post-conviction process, victims must complete a Notification of Rights and Request Form online or through the prosecutor’s office where the crime occurred.  More information is available here or by contacting the WDOC Victim Notification Program at 307-777-5822.

Federal Habeas Corpus

After seeking post-conviction relief in state court, a person convicted under Wyoming law may go to federal court in a process called “habeas corpus.”
  • Relief in federal habeas corpus is available only in specific and rare circumstances. Issues often raised in federal habeas cases include claims that the convicted person had an inept attorney, claims that police or prosecutors violated their rights, hid evidence, or committed other misconduct.
  • The Wyoming Attorney General represents the State in federal habeas corpus proceedings. To receive notification, victims must complete a Notification of Rights and Request Form online or through the prosecutor’s office where the crime occurred.  More information is available here or by contacting the WDOC Victim Notification Program at 307-777-5822.

Early Release Programs

These programs can include parole or earning time off a sentence for good behavior or illness.
  • If someone is sentenced to a term of imprisonment, they may be released from prison earlier than expected through several programs available in Wyoming, including parole and “good time credits,” which are reductions in a person’s sentence for good behavior in prison.
  • For notification on early release programs, victims must complete a Notification of Rights and Request Form online or through the prosecutor’s office where the crime occurred. More information is available on the Wyoming Department of Corrections (WDOC) website or by contacting the WDOC Victim Notification Program at 307-777-5822 or the Board of Parole at 307-777-5390. To receive notification about the movement and early release of incarcerated individuals, victims can also register through the Victim Information and Notification Everyday (VINE) system.

Clemency

In rare cases, the governor may grant the convicted person relief from their sentence or conviction.
  • The governor can grant clemency to people convicted under Wyoming law. Clemency usually takes the form of a pardon (which forgives a conviction) or a commutation (which shortens a person’s sentence).
  • Victims receive notification of clemency from the Wyoming Attorney General. To receive notification, victims must complete a Notification of Rights and Request Form online or through the prosecutor’s office where the crime occurred.  More information is available here or by contacting the WDOC Victim Notification Program at 307-777-5822.

Victims Rights
Post-Conviction

In Wyoming, victims have the right to:
  • Be treated with compassion, respect, and sensitivity
  • Notification about the status of the appeal and post-conviction review*
  • Reasonable protection during and after criminal justice proceedings
  • Notification of the escape, recapture, or death of the incarcerated individual*
  • Notification of parole and probation proceedings*
  • Request restitution and apply for crime victim’s compensation
  • Prompt return of property when it is no longer needed as evidence

 

* All rights to notification require the victim to provide and update their information with the District Attorney, Attorney General, Department of Corrections, and/or the Board of Paroles and Pardons.

Compensation

  • Restitution is a court-ordered payment from the defendant to the victim to account for the victim’s economic loss. Apart from court-ordered restitution, the Wyoming Crime Victim Compensation Program may reimburse victims for expenses related to the financial costs of crime.
  • Victims may request assistance with restitution by contacting the Wyoming Department of Victim Services at 1-888-996-8816 or by contacting the clerk of court where the case was prosecuted. Victims may apply for the Wyoming Crime Victim Compensation Program by contacting a local victim service provider. Sample applications and additional forms can be found here. Applications must be filed within 1 year of the crime, with limited exceptions.
Click here to learn more about the post-conviction process and victims’ rights in Wyoming

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