Wyoming Corner Crossing Defense Fund

[BuzzH]

I doubt that would work. Trespass of private property (which is the allegation) is typically a state issue. I only raised a fed angle to be more generally applicable with answering the scope of an appeal question - a choice that probably added more confusion than clarity.

I think the case that could go fed would be BLM against ranchers/outfitters for the stupid post/chain thing.

Agree....

I would guess some other citations are issued, maybe several.

 

[TheJason]

While I can't prove it, I believe a big part of the reason they got tickets was because they were non residents.

I’ll bet a case of beer that played a role in the charging decision.

 

[Conrad8899]

I’ll bet a case of beer that played a role in the charging decision.

I wouldn't take that bet but would through another case in that is what happened... They just expected they would pay the fine and go away... Now they backed themselves in a corner so to speak. With the GoFundMe $63,225 and over 1.4k donation local and national news coverage. There is a lot of what ifs going on at the local and state level politically over this case. I wouldn't be surprised if it does get dropped which is a big win for access yes program. Either way this will settle this once and for all.. Would like to see the GoFundMe go to 100 thousand before this goes to trial..

 

[Dakotakid]

There is not a federal court angle to the case.
The defendants did not trespass on federal property. So no federal crime.
If convicted in state court, the defendants can appeal to the Wyoming Supreme Court. If affirmed at the WSC then the defendants may ask for the US Supreme Court to take up case. Very small chance.

 

[steveshuntn1]

I may never hunt in Wyoming but I donated. Also, looking through the donations I didn’t see a single YouTube guy, or so called “famous” hunter in there. Those guys and gals should support this and help these guys beat this! Public land we can’t hunt on is insanity.

 

[TheJason]

I may never hunt in Wyoming but I donated. Also, looking through the donations I didn’t see a single YouTube guy, or so called “famous” hunter in there. Those guys and gals should support this and help these guys beat this! Public land we can’t hunt on is insanity.

In fairness, they could be donating anonymously.

 

[steveshuntn1]

In fairness, they could be donating anonymously.

True…but doing anything related to hunting anonymously is not really their thing! It’s possible though. I just think it’d get more recognition and more donations, maybe a mention on a video as well would do a lot of good! All public land should be accessible.

 

[Treeshark]

Either way this will settle this once and for all..

I hope you’re right, Conrad- but I doubt this case is going to provide any real resolution.

 

[Rhcuam]

In fairness, they could be donating anonymously.

Maybe, the majority of them don’t reload their shotgun without tagging the 14 companies that made that possible and post about it.

 

[Conrad8899]

I hope you’re right, Conrad- but I doubt this case is going to provide any real resolution.

Win or lose we will have resolution if the DA drops the case than I couldn't see the DA going down this road again next year. Ill imagine there will be several more people crossing that corner and there will be more corner crossing all over the state next hunting season jmo I am not a lawyer though. What makes this so interesting is sum Counties won't prosecute corner crossing as long as it's done right but other counties have threatened to and now have.

 

[TheJason]

Maybe, the majority of them don’t reload their shotgun without tagging the 14 companies that made that possible and post about it.

True.

 

[Pestcontrol]

I doubt that would work. Trespass of private property (which is the allegation) is typically a state issue. I only raised a fed angle to be more generally applicable with answering the scope of an appeal question - a choice that probably added more confusion than clarity.

I think the case that could go fed would be BLM against ranchers/outfitters for the stupid post/chain thing.

The Colorado Law Professor certainly agrees with the Federal angle. ““I would argue this is really a federal question.” Squillace said. ”A federal court has jurisdiction.”
If Squillace were representing the men, he said, he would move the case to federal court. “I wouldn’t allow the state to rule.”

Squillace dismissed the concept of an inviolate, invisible vertical plane above a property line through which one cannot intrude. That so-called ad coelum doctrine holds that when you own property you own down to the depths and up to the sky.

“There are limits to that doctrine,” he said. Corner crossing “is such a minor kind of intrusion [and] it’s necessary to access public land — I can’t imagine a court would use that doctrine.”

Corner crossing: Hunters challenge public-land access issue in court - WyoFile

Four tickets issued to hunters could open the door to revisiting whether almost 1.6 million public acres are legally landlocked in checkerboard land ownership patterns across the West. Four tickets issued to hunters could open the door to revisiting whether almost 1.6 million public acres are...

wyofile.com

 

[VikingsGuy]

That law provides federal criminal sanctions for violations - that in no way creates a defense against private land trespass charges. They are two separate legal issues - one does not control the other. And out-of-state law professors conjecture has even less sway in the courtroom than ABA opinion articles.

But as mentioned before, the BLM could bring a separate action in federal court for the stupid corner posts/chain, but that has zero relevance to the state trespass charges.

 

[Pestcontrol]

That law provides federal criminal sanctions for violations - that in no way creates a defense against private land trespass charges. They are two separate legal issues - one does not control the other. And out-of-state law professors conjecture has even less sway in the courtroom than ABA opinion articles.

But as mentioned before, the BLM could bring a separate action in federal court for the stupid corner posts/chain, but that has zero relevance to the state trespass charges.

He’s not merely an “out of state Law Professor,” he was a former University of Wyoming Law Professor and long term Wyoming resident. I think he knows a thing or two about Wyoming law. “Mark Squillace is the Raphael J. Moses Professor of Natural Resources Law at the University of Colorado Law School. Professor Squillace joined the Colorado Law faculty in 2005. He served as the Director of Colorado Law’s Natural Resources Law Center from 2005-2013. Before joining the Colorado law faculty, Professor Squillace taught at the University of Toledo College of Law, where he was named the Charles Fornoff Professor of Law and Values, and at the University of Wyoming College of Law, where he served a three-year term as the Winston S. Howard Professor of Law. He is a former Fulbright scholar and the author or co-author of numerous articles and books on water resources law, public lands, natural resources, and environmental law and policy. In 2000, Professor Squillace took a leave from law teaching to serve as Special Assistant to the Solicitor at the U.S. Department of the Interior. In that capacity he worked directly with the Secretary of the Interior, Bruce Babbitt, on variety of legal and policy issues.” https://www.colorado.edu/menv/people/mark-squillace

 

[BrentD]

He’s not merely an “out of state Law Professor,” he was a former University of Wyoming Law Professor and long term Wyoming resident. I think he knows a thing or two about Wyoming law. “Mark Squillace is the Raphael J. Moses Professor of Natural Resources Law at the University of Colorado Law School. Professor Squillace joined the Colorado Law faculty in 2005. He served as the Director of Colorado Law’s Natural Resources Law Center from 2005-2013. Before joining the Colorado law faculty, Professor Squillace taught at the University of Toledo College of Law, where he was named the Charles Fornoff Professor of Law and Values, and at the University of Wyoming College of Law, where he served a three-year term as the Winston S. Howard Professor of Law. He is a former Fulbright scholar and the author or co-author of numerous articles and books on water resources law, public lands, natural resources, and environmental law and policy. In 2000, Professor Squillace took a leave from law teaching to serve as Special Assistant to the Solicitor at the U.S. Department of the Interior. In that capacity he worked directly with the Secretary of the Interior, Bruce Babbitt, on variety of legal and policy issues.” https://www.colorado.edu/menv/people/mark-squillace

But the alleged trespassers are not alleged to have trespassed on Federal property. There has to be a state case because the trespassing was on private property - even I can see that.

 

[JM77]

He’s not merely an “out of state Law Professor,” he was a former University of Wyoming Law Professor and long term Wyoming resident. I think he knows a thing or two about Wyoming law. “Mark Squillace is the Raphael J. Moses Professor of Natural Resources Law at the University of Colorado Law School. Professor Squillace joined the Colorado Law faculty in 2005. He served as the Director of Colorado Law’s Natural Resources Law Center from 2005-2013. Before joining the Colorado law faculty, Professor Squillace taught at the University of Toledo College of Law, where he was named the Charles Fornoff Professor of Law and Values, and at the University of Wyoming College of Law, where he served a three-year term as the Winston S. Howard Professor of Law. He is a former Fulbright scholar and the author or co-author of numerous articles and books on water resources law, public lands, natural resources, and environmental law and policy. In 2000, Professor Squillace took a leave from law teaching to serve as Special Assistant to the Solicitor at the U.S. Department of the Interior. In that capacity he worked directly with the Secretary of the Interior, Bruce Babbitt, on variety of legal and policy issues.” https://www.colorado.edu/menv/people/mark-squillace

Apparently you missed the memo. There is only one person who knows all that is right and true with legal matters. His being exists here, as the one and only HuntTalk legal advisor.

I do believe the Professor is arguing that the obstruction of public lands is the federal case.

 

[JM77]

And out-of-state law professors conjecture has even less sway in the courtroom than ABA opinion articles.

Isn't that what you are? "Out of state"

 

[Dakotakid]

One cannot just remove a state criminal case to federal court, that is not even a basic understanding of criminal jurisprudence. The US Supreme Court recently ruled that a conviction in Federal court does not preclude a conviction in State Court for the same crime under double jeapardy.
I sure hope the defendants have better attorneys than that.

 

[VikingsGuy]

He’s not merely an “out of state Law Professor,” he was a former University of Wyoming Law Professor and long term Wyoming resident. I think he knows a thing or two about Wyoming law. “Mark Squillace is the Raphael J. Moses Professor of Natural Resources Law at the University of Colorado Law School. Professor Squillace joined the Colorado Law faculty in 2005. He served as the Director of Colorado Law’s Natural Resources Law Center from 2005-2013. Before joining the Colorado law faculty, Professor Squillace taught at the University of Toledo College of Law, where he was named the Charles Fornoff Professor of Law and Values, and at the University of Wyoming College of Law, where he served a three-year term as the Winston S. Howard Professor of Law. He is a former Fulbright scholar and the author or co-author of numerous articles and books on water resources law, public lands, natural resources, and environmental law and policy. In 2000, Professor Squillace took a leave from law teaching to serve as Special Assistant to the Solicitor at the U.S. Department of the Interior. In that capacity he worked directly with the Secretary of the Interior, Bruce Babbitt, on variety of legal and policy issues.” https://www.colorado.edu/menv/people/mark-squillace

Yet he never managed to solve this issue while in state or at Interior - go figure.

 

[VikingsGuy]

Isn't that what you are? "Out of state"

Yup - but not suggesting my thoughts somehow settle the question. But at least when I choose to cite federal laws they are actually relevant to the issue at hand