Deadlines After a Conviction
W.R.A.P. 2.01 — 30 days to appeal, and five years for post-conviction relief
30 days. An appeal from a trial court is taken by filing the notice of appeal with the clerk of the trial court within 30 days from entry of the appealable order, and serving it at the same time. A pro se notice of appeal filed by an inmate confined in a penal institution is also subject to Rule 14.04, and in a criminal case appealed to the supreme court the notice is served on the office of public defender and the office of attorney general.
Who handles this in Wyoming: Wyoming State Bar, attorney referrals; and legal aid programs and the state offices, listed in the Wyoming directory.
Excusable neglect. On a showing of excusable neglect, the trial court may extend the time to file the notice of appeal, provided the application is filed before 45 days from entry of the appealable order have run, together with a proposed notice of appeal and the docketing fee or a motion to proceed in forma pauperis. An application the court has not granted within 14 days of its filing is deemed denied.
After a motion in a criminal case. The time for appeal in a criminal case is ended by a timely motion for judgment of acquittal under Rule 29(c), for a new trial under Rule 33, or in arrest of judgment under Rule 34 of the Wyoming Rules of Criminal Procedure. It is then counted from the latest of the order denying the motion, the time the motion is deemed denied, or entry of judgment.
Five years. No petition under the post-conviction relief act is allowed if it is filed more than five (5) years after the judgment of conviction was entered.
Claims barred. A claim is procedurally barred where it could have been raised but was not raised in a direct appeal, was not raised in the original petition or an amendment to it, or was decided in a previous proceeding that has become final.
- Facts supported by affidavits or other credible evidence that were not known or reasonably available at the time of the direct appeal.
- Appellate counsel's constitutionally ineffective assistance in failing to raise a claim likely to have resulted in reversal.
- The same attorney having represented the petitioner at trial and on appeal.
Those are the grounds on which a court may hear a petition notwithstanding the bar on claims that could have been raised on direct appeal.
Assigned counsel on appeal, a stay pending appeal, and federal habeas corpus run on rules and deadlines of their own and are not on this page. Whether a deadline has passed in a particular case is a question for a licensed Wyoming attorney.
Sources for this section (3)
- W.R.A.P. 2.01 — How and when taken; cross-appeals and dismissals
- W.R.A.P. 2.03 — Effect of motion on time for filing of notice of appeal in criminal case
- W.S. 7-14-103 — Claims barred; applicability of act
Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed Wyoming attorney.