Corner crossing the 10th ruling

[KingOfTagSoup]

Chalk one up for the good guys...

Appeals court backs corner crossers in Wyoming public lands case - WyoFile

Federal three-judge panel supports decision that corner crossing in Wyoming’s checkerboard area is not trespassing as long as private land is not touched.

wyofile.com

Well done. Is there any hint on whether they will appeal to SCOTUS?

 

[ClearCreek]

Let’s see how the landowners react. Are they going to intimidate, block or claim some didn’t cross exactly at the corner and touched their property?

On property corners where there is NO "brass cap" I believe both parties will have to prove where the person accessing the land actually stepped.

This may be very difficult without a land survey pinpointing the exact corner.

It is my understanding that courts will not accept the accessing persons GPS coordinates as proof of the legal crossing point. So, conversly the court should not accept the landowners GPS coordinates as proof of where the tresspass occured.

This could become interesting.


ClearCreek

 

[Labman]

I believe both parties will have to prove …

This is America. The citizen doesn’t have to prove innocence, that’s a presumption. It’s all on the govt to prove you broke the law, you should never try to prove you didn’t.

Google “why you should never talk to the police” and watch the 46 min video that comes up as the first result. It would be well worth your time.

 

[Elky Welky]

Well done. Is there any hint on whether they will appeal to SCOTUS?

They could, but I predict SCOTUS won't take it. SCOTUS only hears about 1% of the cases filed every year.

 

[Elky Welky]

This is America. The citizen doesn’t have to prove innocence, that’s a presumption. It’s all on the govt to prove you broke the law, you should never try to prove you didn’t.

Google “why you should never talk to the police” and watch the 46 min video that comes up as the first result. It would be well worth your time.

In a civil suit, as this was, both parties will be expected to argue the facts. There's no presumption of innocence in a civil suit.

 

[NY_BLUES]

This is America. The citizen doesn’t have to prove innocence, that’s a presumption. It’s all on the govt to prove you broke the law, you should never try to prove you didn’t.

Google “why you should never talk to the police” and watch the 46 min video that comes up as the first result. It would be well worth your time.

Don't want to talk to cops? Fine, don't call them when someone messes with your stuff. It's a 2 way road.

 

[NY_BLUES]

In a civil suit, as this was, both parties will be expected to argue the facts. There's no presumption of innocence in a civil suit.

Correct. Civil suits are based on "a perponderance of evidence" or more likely to have happened than not. Justice scales are tipped at 51%, which is not the same as beyond a reasonable doubt. Case and point, OJ Simpson. Found not guilty of 2 counts of murder, but was found liable in the wrongful death suits that followed.

 

[Labman]

Don't want to talk to cops? Fine, don't call them when someone messes with your stuff. It's a 2 way road.

Did you watch the video? I love most cops, have a few buddies that are in LE, one warden too. I’ve asked them all to watch that video, and they all say it’s spot on. My GW bud said he would have only written about 10% of the tickets he wrote if people would have taken the advice in that video.

 

[bowhuntmontana]

Anyone else wondering if there are plans to initiate cases like this in other circuits/states that aren't part of the 10th? Seems like that has been a legal strategy for other issues.

 

[BuzzH]

Anyone else wondering if there are plans to initiate cases like this in other circuits/states that aren't part of the 10th? Seems like that has been a legal strategy for other issues.

Go for it.

 

[NY_BLUES]

Did you watch the video? I love most cops, have a few buddies that are in LE, one warden too. I’ve asked them all to watch that video, and they all say it’s spot on. My GW bud said he would have only written about 10% of the tickets he wrote if people would have taken the advice in that video.

I did watch the video. I work in LE. That video is spot on, and yes I agree that many people give us information that we wouldn't otherwise know if they didn't tell us. People talk themselves into handcuffs and tickets all time.
I stand by my statement though, if you don't want to talk to me ever, fine. But ever is a long time with very broad circumstances.