Cercy Conviction Reversed for Trial Court’s Failure to Instruct as Requested by Pagliuca and Mackey

Jeff Pagliuca and Pamela Mackey secured an acquittal on two counts of alleged sexual assault against Tony Cercy in 2018. The jury hung on a third count which was retried in November 2018. In the second trial, the court refused multiple tendered instructions drafted to avoid a violation of the bar against Double Jeopardy in both the Wyoming and United States Constitutions. The Wyoming Supreme Court ruled on December 27, 2019, that the court erroneously refused the tendered instructions. The case was reversed and remanded.