Wyoming Corner Crossing defense fund

[Squincher]

After reading how many people in the SM thread want to limit non res even more, I’m surprised any non res would contribute to this.

Kind of a different tone on this topic, huh? But very typical.

 

[BuzzH]

Update on this, as promised:

Corner-crossing defendants move for dismissal of trespass charges - WyoFile

A closely watched case regarding public land presumably locked up by checkerboard ownership should be dismissed, defendants’ attorney argues.

wyofile.com

 

[couesbitten]

Thank you for the update.

 

[cnelk]

So, will it be a good thing to get it dismissed?
Or will/can the landowner appeal that decision and take it to a higher court?

And is that the desired course of action?

 

[BuzzH]

So, will it be a good thing to get it dismissed?
Or will/can the landowner appeal that decision and take it to a higher court?

And is that the desired course of action?

Not sure how the landowner would appeal, he didn't file the charges, the County Attorney did.

I believe if he would have sued under civil trespass there may be a case for appeal...but that's not what happened.

It will be a great thing if its dismissed.

 

[Sccritterkiller]

Update on this, as promised:

Corner-crossing defendants move for dismissal of trespass charges - WyoFile

A closely watched case regarding public land presumably locked up by checkerboard ownership should be dismissed, defendants’ attorney argues.

wyofile.com

Exactly what I thought would happen...charges will be dismissed so no chance for appeal...dies there and no resolution to the overall issue. All that BHA money goes where?

 

[z987k]

So, will it be a good thing to get it dismissed?
Or will/can the landowner appeal that decision and take it to a higher court?

And is that the desired course of action?

A private person cannot appeal a criminal case. They have no standing.

 

[z987k]

If they are dismissed, then everyone can go corner cross, at least under the same circumstances

Exactly what I thought would happen...charges will be dismissed so no chance for appeal...dies there and no resolution to the overall issue. All that BHA money goes where?

 

[BuzzH]

Exactly what I thought would happen...charges will be dismissed so no chance for appeal...dies there and no resolution to the overall issue. All that BHA money goes where?

AccessYes...we're going to meet with the Wyoming Game and Fish and look for long-term public access with any funds leftover from the legal defense. Its not BHA money, its money that hunters, fisherman and interested public land advocates donated to fight for public land access.

From the gofundme page:

Any excess funds to this effort will be donated to Access Yes to help provide more access for hunting and fishing.

 

[cnelk]

If they are dismissed, then everyone can go corner cross, at least under the same circumstances

Only in Wyoming right?

 

[BuzzH]

Only in Wyoming right?

Sounds like you have some work to do in Colorado...

 

[cnelk]

Sounds like you have some work to do in Colorado...

Waaay different set of laws in Colorado

 

[Squincher]

If they are dismissed, then everyone can go corner cross, at least under the same circumstances

It might cause District Attorneys to reconsider filing charges in these cases, but dismissal of charges in District Court doesn't create precedent. Only a ruling by the Court of Appeals or Supreme Court would legally validate corner crossing.

Edit to add: It shouldn't have even come to this though, as a DA would have to twist the crap out of the trespass statute to file charges anyway.

 

[BuzzH]

Waaay different set of laws in Colorado

Like I said, you have work to do there.

 

[ewade07]

Like I said, you have work to do there.

What about in MT?

 

[Ucsdryder]

Waaay different set of laws in Colorado

Go cross a corner, get a ticket and fight it. I got 10 bucks with your name on it!

 

[cnelk]

Go cross a corner, get a ticket and fight it. I got 10 bucks with your name on it!

Nope. Not for me in Colorado.

People freak out when they think they're just going to get a trespass ticket and end up with a 20 point violation because of the way the law makes trespassing a primary offense, so anything that happens after that (hunting, fishing) becomes a Title 33 violation also.

 

[Squincher]

AccessYes...we're going to meet with the Wyoming Game and Fish and look for long-term public access with any funds leftover from the legal defense. Its not BHA money, its money that hunters, fisherman and interested public land advocates donated to fight for public land access.

From the gofundme page:

Any excess funds to this effort will be donated to Access Yes to help provide more access for hunting and fishing.

It occurs to me you have another avenue to attack this issue. The hunters could file a federal 1983 action against the officer for arresting them in violation of the Unlawful Inclosures of Public Lands Act of 1885 that was cited in the article you linked earlier. You would almost certainly get a ruling with nation wide effect.

 

[deepnsteep]

Probably not the last bill to come out this session that's directly tied to this issue.

https://wyoleg.gov/Legislation/2022/HB0103

Looks like this will give the WGFD the ability cite for trespassing for corner crossing.

Sent from my SM-G986U using Tapatalk

 

[Bighorner]

Just so you wyoming folks know who sponsored this the next time you find yourself at the poll.

Representative(s) Crago, Barlow, Clausen, Flitner, Greear, Neiman, Oakley and Walters and Senator(s) Boner, Driskill and Kinskey