Wyoming Corner Crossing Jury Trial Live Stream

[MuleyFever]

 

[BuzzH]

Was there enough $$$ in the GoFundMe donations to cover the costs?

I will get back to everyone on that, have a tentative meeting with the 4 hunters soon.

 

[BuzzH]

Doesn't matter, burden of proof would be on you.

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Burden of proof is on the prosecutor...I think we still live in the United States.

You have to be proven guilty...

 

[bdan68]

Must be different in WY. In SD it is the hunters responsibility to know where property lines are located.

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Most hunters aren't Professional Land Surveyors. So they use hand held GPS units and/or their smart phone with some sort of a mapping app. (like Onx)

Of course a hunter with GPS could still be ticketed for trespassing if he ends up being on the wrong side of the line, even if the GPS shows he's on public.

But what I'm referring to is the scenario in which there is no monument marking the corner. In that case not even the landowner really knows where the corner is, and cannot say the GPS is wrong.

 

[Bighorner]

There isn’t a pin at every corner

But it does exist and that is not up for dispute.

I'm no lawyer, but wyoming is a fence out state. The fact that a corner exists, but cant be found really falls on both parties, if not the landowner. I cant knowing tresspass when the point cant be identified by either party, innocent until proven guilty. How will you prove the trespasser is guilty? The same GPS that can't accurately find the corner can not accurately say that he didn't. We need to change our way of thinking of thinking from landowner/interloper to landowner/landowner with equal rights.

 

[cfdjay]

No matter how you look at it, this is a HUGE win for the public land hunter.

 

[cfdjay]

Must be different in WY. In SD it is the hunters responsibility to know where property lines are located.

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Yeah but the landowner has to know first. He can't just arbitrarily say you're trespassing and not have concrete evidence. I mean I guess he could but it's not going anywhere.

 

[Bighorner]

Must be different in WY. In SD it is the hunters responsibility to know where property lines are located.

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There is a common sense limitation that comes into play. The common sense being if I am hundreds of feet onto someone's property I should know better. 1 tenth of a foot? Less than that? At point it starts to enter the realm of a professional land surveyor and not that of the layman.

An unmonumented point in question would be beyond the landowner to locate with absolute certainty.

 

[Glassing Ghosts]

Will someone repost the Go Fund Me link? We need to make sure they have sufficient funding for the civil case.

 

[WyoKid]

Do we want these hunters found guilty so it can be appealed in Supreme Court and set an actual precedent? If that is the case... hope these defense attorneys continue to not to be super awesome

I would think a defense attorney would want to do his or her best to win a jury trial. If they win, the State could appeal and it still goes to the supreme court. As a defendant, you don't want to be the appellee because a lot of deference is given to the jury in terms of facts and inferences. Just my uninformed take.

 

[Rifleman86]

Great to hear this, really hope the federal case goes forward and settles it once and for all.

 

[Wrench]

Now there’s gonna be a rush on metal detectors to find the pins.

Because unless there’s an actual corner pin, no gps or OnX will be close enough to corner cross.

Much less risky if the airspace clause is in your favor. Imagine being ticketed for trying to locate the pin to prove your innocent.

 

[Bighorner]

I will get back to everyone on that, have a tentative meeting with the 4 hunters soon.

Regardless of how people feel on the national level, the Wyoming BHA did a great good of putting their money where their mouth was, in a very short time frame, and showed real, tangible leadership. I think you guys did a great job and did it using the right channels.

 

[Forestryguy]

In reality fences aren't a good indicator of legal boundaries anyway. They have been shifted over time for convince or gentleman agreements. I know of areas that the Feds fenced private/fed boundaries wrong. If you go by the fence you are way over the boundary onto private. Unless a pin is driven and recorded during a survey, there is no absolute.

I'm glad that were found not guilty. I am on the side that both sides should go by the law.

 

[cnelk]

For Sale:
Corner Monument

Make your own corner crossing access!

(Complete Satire)

 

[5MilesBack]

What are you taking about? Where is the law that clarified corner crossing? Go ahead I'll wait.

If there was no law, then corner-crossing wouldn't be illegal in WY.

 

[5MilesBack]

I sure hope you never cross over a boundary. Ever. Anywhere. For anything. See the post about the river analogy to help break it down for you...

Oh I cross over boundaries all the time. But just like speeding, I'm willing to accept the consequences. Otherwise I wouldn't commit the violation. In CO, you can float a river over private property, but you can't legally touch bottom under the water.

 

[realunlucky]

If there was no law, then corner-crossing wouldn't be illegal in WY.

Apparently it's not

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[Farmingdale's Finest]

Oh I cross over boundaries all the time. But just like speeding, I'm willing to accept the consequences. Otherwise I wouldn't commit the violation. In CO, you can float a river over private property, but you can't legally touch bottom under the water.

Is that true about touching the bottom? Most states say you can’t leave the stream or River otherwise you are trespassing.


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[Fordguy]

It's true in Wyoming. There's official signage at public access points along the river outside Casper that says as much.