VikingsGuy
Well-known member
A judge in another district can ignore without comment or could choose to distinguish or outright disagree. Depends a lot on the judge and how hard the party’s push that point in that proceeding.
VikingsGuy
Well-known member
Unless a party pushes a federal angle in the case and then goes from local court to federal district/fed circuit/scotus or WY Supreme court to SCOTUS.
VikingsGuy
Well-known member
Happy to be of assistance, let me know how else I can help
bullbugle307
Well-known member
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- Jul 19, 2018
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- 934
I think we have a state law that clarifies it is unlawful to shoot across private property in Wyoming. I'd have to look though.
Tiredofthebickering
Well-known member
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- Sep 19, 2016
- Messages
- 2,812
Thanks to those at WY BHA for setting this up. Pitch in if you have ever whined about corner crossing ambiguity in WY (most of us).
Donate to Corner Crossing Legal Fee Fundraiser, organized by Wyoming BHA
This hunting season four hunters, Brad Cape, Phillip Yoemans, John Slowensky and Zac… Wyoming BHA needs your support for Corner Crossing Legal Fee Fundraisergofund.me
Just bringing this back to the forefront . . .
Pestcontrol
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- Nov 25, 2021
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- 33
In your opinion, would it be possible for a defense attorney to ask for a change of venue or a dismissal to a Federal jurisdiction for the charges as they were crossing BLM Federal lands?
D
Deleted member 20812
Guest
Regardless of the federal land issue, the charges were brought forth by a private landowner. Federal court is not applicable, unless they can convince a federal prosecutor to file charges. Since it’s not a trespass for the feds, it still doesn’t apply.
Pestcontrol
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Wasn’t asking your opinion. By your own admittance it might be possible to get Federal involvement, that was my question for Vikingsguy.
D
Deleted member 20812
Guest
I don’t care if you asked or it. I’m telling you. No. The feds can’t file a trespass charge on behalf of another landowner.
There is no trespass to federal property. Absent any other federal crime, it’s not happening.
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VikingsGuy
Well-known member
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.
On a public forum - if you have a question for one and only one person - PM is your friend. Not knocking you... just sharing. Anything posted on an internet forum with mass people is free game to / for critiquing, accolades or - attitude.
BuzzH
Well-known member
Very true...people butting in with nothing substantial to contribute.On a public forum - if you have a question for one and only one person - PM is your friend. Not knocking you... just sharing. Anything posted on an internet forum with mass people is free game to / for critiquing, accolades or - attitude.
If pestcontrol doesn't like how this is going I would suggest crossing a corner and starting his/her/it's own case...
Someone that smart should be able to do it better with their own case.
Pestcontrol
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- Nov 25, 2021
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Shoddy legal advice like you have given is likely why these guys from Missouri are now facing Criminal Charges.
mountainlaurel3
Well-known member
I recall it being mentioned that the guys charged did it last year also, and informed the sheriff and game Warden that they would be again. Did not sound like they were relying on internet forum advice...
Addicting
Well-known member
That doesn’t matter, pest control has to have something to argue about even if it doesn’t make sense to anyone else.
Pestcontrol
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When they read HT forum from 2017, they decided to go for it in 2020, along with numerous other shoddy Legal advice given on numerous forums long predating their Criminal Charges.
Pestcontrol
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BYE.
VikingsGuy
Well-known member
That’s not legal advice, it was pronouncement of a personal risk calculation. Anybody who has read these threads knows it is an open issue with mixed outcomes.
As for these guys, they weren’t duped into this any more than Rosa Parks was when she chose her seat on the bus. They were asking for this fight to push their point. Landowner and county attorney took the bait. Now we will see if it worked.
BuzzH
Well-known member
Actually, they weren't asking for a fight, they just wanted to hunt and the warden and deputy sheriff told them they weren't doing anything wrong. Then the landowner called the county attorney 15 times the day they got tickets.
I've been on several phone calls with these guys...trust me, they weren't trying to prove a point and would rather not be dealing with this.
While I can't prove it, I believe a big part of the reason they got tickets was because they were non residents. The landowner and county attorney probably figured they would just pay the fine rather than fight.
Wrong.....
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Look guys, I'm tired of getting moderation reports about behavior on this thread. You can debate each other without the caustic tone, without the memes, and whatever else brings the level of discussion down to the playground level.
None of us are going to solve this on Hunt Talk. It will get solved in due course by whatever comes of this case. And then it will linger for longer as other avenues are investigated by the parties involved. That could be a long time and I'm not inclined to put up with the bullshit behavior for that long.
So, act like adults.
None of us are going to solve this on Hunt Talk. It will get solved in due course by whatever comes of this case. And then it will linger for longer as other avenues are investigated by the parties involved. That could be a long time and I'm not inclined to put up with the bullshit behavior for that long.
So, act like adults.
