Lawyers for convicted murderer Wyatt Bear Cloud of Sheridan have filed a motion with the Wyoming Supreme Court requesting that his conviction of 1st Degree Murder be nullified and his case retried in Juvenile Court. Bear Cloud's attorneys are claiming ineffective assistance of counsel by Attorney Shelley Cundiff, who was Bear Cloud's attorney when he plead guilty to the 1st Degree Murder charge. His attorney's are arguing that Cundiff did not properly advise or represent her client prior to his pleading guilty to the murder charge.
The motion also claims that the Trial Court abused its discretion when it refused to transfer the case to Juvenile Court and that the sentence handed down by 4th Judicial District Court Judge John Fenn was cruel and unusual punishment because of Bear Cloud's age and the fact that he was not the trigger man in the 2009 shooting death of Robert Ernst.
Bear Cloud's two co-defendants in the case; Dharminder Sen and Dennis Poitra Jr. both had their cases go to trial where they were both found guilty of 1st Degree Murder and sentenced to life in prison without parole. Bear Cloud's case didn't go to trial as he plead guilty to the charge and was sentenced to life imprisonment. A brief on the motion to have Bear Cloud's case heard in Juvenile Court must be submitted by The State of Wyoming by October 31st, 2011.