Trying Cases in Wyoming: Protecting the Right to Remain Silent

Wyoming may be known for its wide-open spaces and rugged individualism—but in the courtroom, things can get tight real fast, especially when constitutional rights hang in the balance. 

The Wyoming Supreme Court's recent decision in Patterson v. State, 2025 WY 30, is a reminder to criminal defense lawyers (and prosecutors too) that the rules of trial advocacy in Wyoming come with high constitutional stakes. It’s also a strong lesson in what to watch for—and how to respond—when trying a case before a jury.. 

The Core Holding: No Comments on Silence, Period 

At the heart of Patterson is a prosecutor’s comment during opening statements: that the defendant “declined [to speak with police], which is his right to do so.” Seems innocent, right? Not according to the Wyoming Supreme Court. 

The Court reversed the conviction and ordered a new trial, holding that any comment on a defendant’s exercise of the right to remain silent is prejudicial per se under Article 1, Section 11 of the Wyoming Constitution. 

That’s a strong rule—and it’s unique. While some states apply a harmless error test to such comments, Wyoming now stands firm: silence is off-limits, and any comment—no matter how brief or “neutral”—requires reversal.. 

Trial Strategy Tip #1: Object Early, Object Strong 

Patterson’s defense team objected immediately and asked for a mistrial. The trial judge denied the motion, thinking the prosecutor’s comment wasn’t harmful enough. But the Supreme Court said that was the wrong analysis. 

Lesson: If you hear the State mention your client’s silence—pretrial or otherwise—object clearly on constitutional grounds. Use Patterson to support your motion. Don’t let the issue slide or you risk waiving it on appeal.. 

Trial Strategy Tip #2: Know the Landscape Before Trial 

Patterson also overruled earlier cases like Parkhurst, Teniente, and Spinner, which tried to distinguish between “comments” and mere “references” to silence. 

Now? There’s no such distinction in Wyoming. If the prosecutor so much as nods toward your client’s refusal to talk to police, that’s a problem—and an appellate issue waiting to happen. 

Lesson: Prepare motions in limine. Know what your local prosecutors tend to say. And preemptively protect your record.. 

Why This Case Matters for Wyoming Trial Lawyers 

• For defense lawyers: We have a new, powerful tool. If silence is mentioned, the conviction doesn’t stand. 

This case doesn’t just clarify Wyoming law; it transforms it. It brings the courtroom back to a strict respect for the Fifth Amendment and its state constitutional equivalent. And for lawyers trying cases here, that’s something you can and should build strategy around.. 

Final Word: Wyoming Courtrooms Aren’t Just About Facts—They’re About Fairness 

So when you're prepping for trial, remember: the right to remain silent isn’t just sacred—it’s now structurally protected.