Wyoming Corner Crossing Defense Fund

[idahohuntr]

Absolutely fantastic news. I know the fight is not over, but well done to all those who fought to get us here!!

 

[Carl 9.3x62]

Awesome. Good work and thanks to everyone involved in this.

 

[Wildabeest]

It just got a hell of a lot harder to draw an elk tag in 125.

 

[Dougfirtree]

It just got a hell of a lot harder to draw an elk tag in 125.

I can think of a couple of antelope units that just got a lot better... Game changer if it holds! Big thanks to everyone on here who worked towards this ruling!

 

[Addicting]

Congrats to all who helped along the way.

 

[Jape]

This is exactly what needed to happen for this to get appealed so the 10th Circuit can create some precedence. Big, big win. Who knows, maybe this goes all the way to SCOTUS.

 

[seeth07]

about the appeal, what level does it go? This was at the district of Wyoming level and from there does it go to the appellate court now if they decide to try to appeal?

Do you think there will be lots of pressure from large land owners directly impacted by this in other states such as Montana and Colorado where there is also a lot of private/public land interfacing with corners for them to just walk away and don't appeal? Right now this ruling only lives in Wyoming so I would think landowners elsewhere might want to keep this on the down low and just go away.

 

[Wildabeest]

I can think of a couple of antelope units that just got a lot better... Game changer if it holds! Big thanks to everyone on here who worked towards this ruling!

My antelope unit just got harder - at least for this year. It borders the ones that just got additional quota reductions, so I have a feeling there will be lots more people applying there.

 

[Wildabeest]

Chalk one up for the good guys.

I love it when hunters/fishermen come together and do things like this.

Thanks to all that contributed to the GoFundMe.

Thanks to all the WYBHA folks that worked their asses off and had the fortitude to stand up for what's right.

Also, @JM77 who did a lot of work behind the scenes and who we leaned on to find attorneys and helped at every turn. He also put up with countless phone calls for hours at a time from me talking about this case.

Heres to hoping it holds up on appeal...I like our chances.

Great job to all...

Glad to see my donations have a positive outcome…unlike my tag applications

 

[brocksw]

thank you @JM77, @BuzzH , the WY chapter, and the hunters involved. That's a huge dub!

 

[JM77]

about the appeal, what level does it go? This was at the district of Wyoming level and from there does it go to the appellate court now if they decide to try to appeal?

Do you think there will be lots of pressure from large land owners directly impacted by this in other states such as Montana and Colorado where there is also a lot of private/public land interfacing with corners for them to just walk away and don't appeal? Right now this ruling only lives in Wyoming so I would think landowners elsewhere might want to keep this on the down low and just go away.

This was US District Court(Federal) and if there were no appeals that overturn this decision it can be used, I believe, as precedent.

Maybe we could hear from @VikingsGuy

 

[TheJason]

The appeal would go through the appropriate circuit court (10th circuit is what Google tells me). Beyond that it would be the Supreme Court if they decide to hear it.

Appeals

The Process Although some cases are decided based on written briefs alone, many cases are selected for an "oral argument" before the court. Oral argument in the court of appeals is a structured discussion between the appellate lawyers and the panel of judges focusing on the legal principles in...

www.uscourts.gov

 

[Wildabeest]

I appeal would go through the appropriate circuit court (10th circuit is what Google tells me). Beyond that it would be the Supreme Court if they decide to hear it.

Eshelman needs to start flying Clarence around on his private jet…

 

[Luke_with_a_lab]

Absolutely awesome to hear. A huge thanks to anyone who worked on it and also a thanks to everyone who donated to the gofundme

 

[rogerthat]

Wyomings rich landowners can’t be happy with this outcome. If they uphold on appeal what would stop the state legislature from passing a law prohibiting this? UIA? Pretty sweet!

 

[BuzzH]

Wyomings rich landowners can’t be happy with this outcome. If they uphold on appeal what would stop the state legislature from passing a law prohibiting this? UIA? Pretty sweet!

Supremacy clause.

 

[BoulderBulls]

Wooooo winner! This was exciting news to wake up to. Thanks to all those one the ground in Wyoming for sharing the updates and opinions on which way this was all headed.

 

[VikingsGuy]

This was US District Court(Federal) and if there were no appeals that overturn this decision it can be used, I believe, as precedent.

Maybe we could hear from @VikingsGuy

I have not yet read the ruling but will offer general context. I will try to track down the actual ruling and give other thoughts later. (if you already have it post a link or PM it)

This is a case arising out of federal diversity jurisdiction and a federal question. This means the federal court is charged with applying WY state law as applied by the Supreme Court of WY, and federal law as applied by the federal courts on different issues within the case. That means appeals could go in several directions.

On matters of state law, a federal district court's ruling is NOT binding precedent on any state court at any level. It is binding in that specific federal court geography alone and even then only on federal law matters.

If the parties believe the federal court misinterpreted state law they can appeal to the WY Supreme Court. If they believe the federal legal approach to applying the state law, or the interpretation of the federal law elements, were wrong they can go to the 10th Circuit Federal Court of Appeals. The 10th circ. can reverse but even that is not binding on any state court - but is binding on federal matters in the variety of states under 10th circuit (this does not include MT or ID for example).

If a WY state supreme court ruling or the 10th circ ruling is unacceptable appeals can be made to SCOTUS - a SCOTUS ruling is binding on all state and federal courts.

Also, depending on the specific ruling, there may be state by state legislative responses that could muddy the waters for hunters. It is also not clear that criminal trespass was at issue - this was a civil case and the outcomes could (shouldn't but could) vary.

If I was a checkerboard land owner outside of WY, I would pay this landowner not to appeal - just let it sit in WY. Failure to appeal does not add any authority to a ruling so it is not uncommon for folks with broad interests to let district court rulings sit rather than expanding the problem.

So, congratulations to all those involved in a great win, but this is not yet a simple get-out-of-jail-free card across the west. For now, it is best viewed as yet to be appealed "persuasive authority". A long way from established law - but a nice first step.

 

[quarterhorse]

Great outcome! So glad to see a bullying landowner put in his place when trying to claim something that wasn't his.

 

[Wallow]

So unless this decision is overruled by appeal, is there any chance a person could still be prosecuted in WY for corner crossing or is now legal? This might seem like a stupid question but I'm a better safe than sorry guy especially being a non-resident to WY.