Judges Dismiss Nine Felony Cases, Including Murder, Over Darin Smith Misconduct
Source: Cowboy State Daily
Judges Dismiss Nine Felony Cases, Including Murder, Over Darin Smith Misconduct
Wyoming's federal judges on Friday dismissed nine felony-level criminal cases, including one first-degree murder case, due to prosecutorial misconduct through "inflammatory and inappropriate" comments interim U.S. Attorney nominee Darin Smith made to a grand jury.
Clair McFarland
May 15, 2026
8 min read
U.S. Attorney Darin Smith (Matt Idler for Cowboy State Daily)
Wyoming's federal judges on Friday dismissed nine felony-level criminal cases, including one first-degree murder case, due to prosecutorial misconduct brought on by "inflammatory and inappropriate" comments U.S. Attorney nominee Darin Smith made to a grand jury.
But the judges are pausing their dismissal order until Wednesday at 5 p.m. to give the federal government the chance to appeal if it wishes. If the government doesn't want to appeal, the order will go into effect immediately, it says. ... The order also dismisses the cases "without prejudice," meaning the government can try to have the defendants charged once again.
Smith, President Donald Trump's nominee to hold the position for the next four years, is slated for a confirmation vote in the U.S. Senate next week. ... Defense attorneys in late April and early May filed at least 10 motions to dismiss various indictments in felony cases ranging from unlawful firearm possession to child pornography charges to murder, saying Smith had spoiled the grand jury proceedings with inappropriate comments.
Wyoming-based U.S. District Court Chief Judge Kelly Rankin, and Judges Alan B. Johnson and Scott Skavdahl agreed with the defense attorneys in a Friday order. ... Smith's statements "cannot be downplayed as 'perhaps overly informal and friendly' conversation," says the judges' order. "They were inflammatory and inappropriate... And, until proven guilty, they are incorrect."
Smith had, according to court documents, referred to the defendants as "murderers" and "bad people," had called the cases "slam dunks." He had also spoken with grand jurors and had handed out his business card to jurors before the judge entered the room. ... The U.S. Attorney's Office on May 8 had argued that Smith's comments were "ill-advised" but didn't rise to the level of prejudicing the defendants.
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Clair McFarland can be reached at clair@cowboystatedaily.com.
Read more: https://cowboystatedaily.com/2026/05/15/judges-dismiss-nine-felony-cases-including-murder-over-darin-smith-misconduct/
https://en.wikipedia.org/wiki/Darin_Smith
Darin Smith is an American attorney and politician serving as the interim United States Attorney for the District of Wyoming since 2025. He previously served as a member of the Wyoming Senate from the 6th district. A member of the Republican Party, he was elected in 2024 after being endorsed by Donald Trump. He was later appointed as U.S. Attorney in August 2025. He worked as an executive at the Christian Broadcasting Network for 11 years and was a candidate for Wyoming's at-large congressional district in 2016 and 2022.
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