Wyoming Corner Crossing Defense Fund

[VikingsGuy]

I want to know why the judge though instructed the jurors about the WY airspace law? I mean isn’t that the prosecutions responsibility?

Jury instructions are suggested by opposing counsels and ultimately chosen by the court.

 

[VikingsGuy]

I hope the Federal case goes just as fast... if it doesn't get dropped. I'm hoping to get a tag this year and would be nice to have a solid decision before fall.

Federal court is rarely fast.

 

[lenny4077]

Federal court is rarely fast.

That's why I said 'hope'!!! Lol

Good for these guys being found not guilty, it's a step in the right direction at least for now.

 

[VikingsGuy]

It will be interesting how many jurors will talk to the WyoFiles reporter and explain their thinking.

 

[lenny4077]

Now we can start the discussions of all the 'hypothetical' instances this would be acceptable. Do we all have to use ladders, what if there's no pin to mark the corner, etc. Should be a fun summer of reading on here.

 

[JM77]

I just caught the tail end. Did the prosecutor show evidence in statute that property owners also control the airspace?

It was in the jury instructions. It's nice to know 6 men and women didn't fall for that air space bullshit.

 

[VikingsGuy]

I hope the reason the jury offers is NOT that they lacked knowledge of the law because I don’t want the legislature to change the law to strict liability (meaning our knowledge or intent are irrelevant in a criminal proceeding). That would be going backwards.

 

[Southern Elk]

Awesome! I’m going to need coordinates for this ranch.

 

[WapitiBob]

Thanks, I found the reference.
"Stipe’s potential airspace jury instruction would be based on a Wyoming law that states “[t]he ownership of the space above the lands and waters of this state is declared to be vested in the several owners of the surface beneath subject to the right of flight.”"

 

[brocksw]

Awesome! I’m going to need coordinates for this ranch.

I wonder if we can get Elon Musk to buy all the land around that ranch and then gate it off so they can't get to it.

 

[RobG]

I hope the reason the jury offers is NOT that they lacked knowledge of the law because I don’t want the legislature to change the law to strict liability (meaning our knowledge or intent are irrelevant in a criminal proceeding). That would be going backwards.

Uhg, I know what strict liability means. I think it was Redfield that tried to make a civil trespass law here like that but it failed.

Will the jury ever explain why they decided not guilty?

 

[VikingsGuy]

Uhg, I know what strict liability means. I think it was Redfield that tried to make a civil trespass law here like that but it failed.

Will the jury ever explain why they decided not guilty?

They are free to blab or remain mute. Their choice.

 

[RobG]

I hope the reason the jury offers is NOT that they lacked knowledge of the law because I don’t want the legislature to change the law to strict liability (meaning our knowledge or intent are irrelevant in a criminal proceeding). That would be going backwards.

Also, would it require a strict liability clause? If it were clearly stated in the regulations then they couldn't argue the law wasn't clear.

 

[spriest]

 

[BRI]

I'm sure the answer is no but, is there any chance or way for the legal fees to be reimbursed?

 

[RobG]

It will be interesting how this shakes out. Twenty dollars says next year the posts will be taller than any ladder you can buy.

 

[VikingsGuy]

Also, would it require a strict liability clause? If it were clearly stated in the regulations then they couldn't argue the law wasn't clear.

I doubt a criminal trespass statute would also have clarifying regs, but I am not WY lawyer.

 

[VikingsGuy]

I'm sure the answer is no but, is there any chance or way for the legal fees to be reimbursed?

You are right.

 

[Firedude]

This doesn't make corner crossing completely legal...

Ideally we just compromise and do a 4 way crossing. Landowner can drive from corner to corner on public land where motorized vehicles (tractors etc.) are not currently allowed and vice versa allows access perpendicular to that at the corner.

 

[Dougfirtree]

That sound you just heard was the eyebrows of about 10,000 landowners, across the west (and especially in Wyoming), going up at the same time. I think this ride is just starting. Buckle up!