No. 24-7367

Timothy D. Leners v. Ryan Schelhaas, Interim Attorney General of Wyoming, et al.

Lower Court: Tenth Circuit
Docketed: 2025-06-06
Status: Denied
Type: IFP
Response WaivedIFP
Tags: amendment-rights castle-doctrine jury-instructions no-duty-to-retreat prosecutorial-misconduct self-defense
Key Terms:
SecondAmendment DueProcess HabeasCorpus Securities
Latest Conference: 2025-06-26
Question Presented (AI Summary)

Were the Defendant's 2nd, 5th, 6th, and 14th Amendment Rights violated through denial of 'No Duty to Retreat' jury instructions, misconduct by a disbarred District Attorney, and improper handling of self-defense claims in his own rented home?

Question Presented (OCR Extract)

ONE: Were Defendant ’s 2nd ((or 5th or 6th or 14th)) Amendment Rights violated when he was denied ‘No Duty to Retreat ’ / (‘Stand your Ground ’) Jury instructions where Disbarred D.A. confessed he was “Legally Present ”: then denied ‘Castle Doctrine ’ in his own HOME; and where Recorded Audio (Exhibit 15) proved he was attacked in his own rented home and screaming for help, and Jury was denied “Officer P66 Michael ’s Police Report ” with primary attacker confessions that he’d rented the home to Defendant, took his rent and deposit money, told him to “move in”, confessing he “left to give the money to a friend ”; only to return 30 min. later on Recorded Audio; breaking into Defendant ’s new “Wyo. $ 6-2-602 Home / Habitat ”; and attacking Defendant with an accomplice: Causing Defendant to legally defend himself with only one NON-lethal shot from his legally licensed & carried small caliber arm to the primary attacker (twice his size and not disabled), and police nurse injury pictures proved he was first severely beaten by the two audio recorded death threat screaming attackers, and crime scene pics proved he tried retreating outside (exceeding all law)! TWO: Were Defendant ’s 2nd ((or 5th or (>h or 14th)) Amendment Rights violated by trial Judge and Disbarred D.A., who in concert also denied Mr. Leners the protection of “State Law Wyo. $ 6-2-602 Use of force in Self Defense: No Duty to Retreat ” in his own HOME; with that law unequivocally stating Mr. Leners “Shall Not Be Prosecuted For Self Defense ” them even stating in Jury instruction conference that the “new version of the law (just weeks after Mr. Leners ’ arrest) was not retroactive ” EVEN THOUGH in the case it was based on (Widdison v. Wyo. 2018 Wyo.); that other Defendant was arrested BEFORE Mr. Leners ’, AND her case was appealed and overturned BEFORE Mr. Leners ’ trial. THREE: Were Defendant ’s 2nd ((or 5th or (jh or lfh)) Amendment Rights violated by either misconduct action of the Disbarred D.A., when she told Jury in closing arguments: 1.1 the (100% lifetime crime-free ‘legally licensed/carrying ’) Defendant had no 2nd Amendment Right to: “brine 2 (small legal hand) suns with him ” when peacefully moving to WY, and also 2j had “no right to legally pre-arm in case of conflict ” (all directly violating Jury instr. #21 (aggressor), the U.S. 2nd Amendment, and D.C. v. Heller 2008.)? FOUR: THIS CAN BE CALLED “LEGISLATION LAG-TIME ” Were Defendant ’s 2nd ((or 5th or 6th or 14th)) Amendment Rights violated, where Judge (prompted by Disbarred D.A.) stated in Jury instruction conference transcripts ft3 $ “

Docket Entries

2025-06-30
Petition DENIED.
2025-06-11
DISTRIBUTED for Conference of 6/26/2025.
2025-06-09
Waiver of right of respondent Wyoming AG, et al. to respond filed.
2025-04-02
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due July 7, 2025)

Attorneys

Timothy D. Leners
Timothy Dean Leners — Petitioner
Timothy Dean Leners — Petitioner
Wyoming AG, et al.
Jenny Lynn CraigOffice of the Wyoming Attorney General, Respondent
Jenny Lynn CraigOffice of the Wyoming Attorney General, Respondent