# Frias v. State

> Wyoming Supreme Court · June 26, 1986 · 722 P.2d 135

URL: https://www.frixlaw.com/law-library/cases/9789455

## Case

- **Full name:** Martin FRIAS, Appellant (Defendant), v. the STATE of Wyoming, Appellee (Plaintiff)
- **Court:** Wyoming Supreme Court
- **Decided:** June 26, 1986
- **Citations:** 722 P.2d 135; 1986 Wyo. LEXIS 578
- **Precedential status:** Published
- **Opinion:** Concurrence by Urbigkit
- **Judges:** Thomas, Brown, Cardine, Urbigkit, MacY
- **Cited by:** 118 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9789455

## Opinion text

URBIGKIT, Justice,
concurring.
I concur. Additionally, pursuant to Art. 1, § 6 of the Wyoming Constitution, relating to rights of a defendant to be distinguished from responsibilities for representation by counsel when derived from any diligent inquiry, I would hold that the motion for a new trial based on newly discovered evidence should have been granted by the trial court. Plain error and violation of basic constitutional protection should not be eclectically distinguished in application of undenied rights for a fair trial or the availability of fundamental justice.
Sometimes the pathway to that constitutionally provided opportunity for justice can be more clearly perceived in retrospective contemplation, and consequently the inadequacy of desired signal lamps should not be chargeable primarily to the accused.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9789455. Public record. Not legal advice.