Diana Kaye Cullin, Appellant (defendant Below) v. the State of Wyoming, Appellee (plaintiff Below)

Summary

The Wyoming Supreme Court affirmed Diana Kaye Cullin's second-degree murder conviction and 25-to-35-year sentence for the shooting death of Ronald Wayne Palmer. The court held that the provocation instruction was justified by her threats to kill, jealousy, arming herself, and stalking the victim; that the unobjected-to intent instruction created no plain error because the instructions as a whole required proof of intent beyond a reasonable doubt; that the refused defense instructions (the Eagan rule, post-crime demeanor, and the two-conclusions charge) were properly withheld or disapproved; that polygraph results were properly admitted under her written stipulation where a full foundation of reliability was laid; and that substantial evidence disproved self-defense. Justice Rose specially concurred, reading the majority to recognize properly founded polygraph evidence as admissible and to endorse cautionary instructions in future polygraph cases.