WY: Plain error does not apply to unargued points in motion to suppress; however, IAC shown on lack of RS to extend stop

Plain error does not apply to any search issue not preserved below. In an IAC claim, defendant showed, even with this limited record, the likelihood that he could have prevailed in a motion to suppress for lack of reasonable suspicion to extend the stop. Reversed. Mills v. State, 2020 WY 14, 2020 Wyo. LEXIS 15 (Feb. 4, 2020):

[¶32] Under the circumstances reflected in this record, we find that Mr. Mills has shown a reasonable probability that, but for counsel’s failure to challenge the duration of the stop and the actions of law enforcement officers in forcing him out of the vehicle to “explain” a warning, the outcome of the trial would have been different. This showing is sufficient to establish ineffectiveness, and it is not disputed that there would have been prejudice, because the State could not have proved its case if the drugs, paraphernalia, packaging material, and cash had been suppressed.

[¶33] However, as in Dickeson, it may be that the State could have shown that the duration of the stop was reasonable based on evidence that was not presented below if it had been confronted with a motion to suppress based on the duration of the stop, and we will therefore reverse and remand for further proceedings consistent with this opinion.

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