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Author Topic: North Dakota Ranchers accused of killing deer lose Supreme Court appeal  (Read 833 times)

Offline Gutpiles

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Interesting case...... 

BISMARKCK, N.D. -- The North Dakota Supreme Court will not let two area ranchers tell juries why they shot deer on their land without tags and outside of hunting season. However, a Burleigh County rancher will get another chance to prove he shouldn't have to pay as much in restitution as he was ordered.
 
Harlan Kleppe, of Kidder County, and Bill Dethloff, of Burleigh County, entered conditional guilty pleas in separate cases to various misdemeanor charges related to shooting deer without licenses, which means they reserved their rights to appeal portions of the cases. Kleppe pleaded guilty to one count of unlawful taking of big game in Kidder County, and Dethloff pleaded guilty to eight counts of unlawful taking of big game and nine counts of unlawful possession of big game animals in Burleigh County.
 
Both men entered the conditional guilty pleas after South Central District Judge Bruce Romanick, in Kleppe's case, and South Central District Judge Bruce Haskell, in Dethloff's case, ruled that the crimes were "strict liability" offenses, meaning all prosecutors needed to prove their cases was that the men shot the deer. The men were not allowed to enter evidence that they believe justified their actions.
 
Kleppe's and Dethloff's attorneys, Daniel Oster and Robert Bolinske Jr., argued at the Supreme Court in early May that they should have been allowed to present evidence to juries that Kleppe and Dethloff had suffered thousands of dollars in feed losses due to deer eating, urinating on and defecating on hay and other feed and had no other alternatives than to shoot deer.
 
In a unanimous decision handed down on Wednesday, the North Dakota Supreme Court sided with Romanick and Haskell, saying deer are big-game animals, not fur bearers, and state law does not allow fur bearers shot due to depredation of crops and property.


Read more: http://rapidcityjournal.com/news/north-dakota-ranchers-accused-of-killing-deer-lose-supreme-court/article_df62756c-aeff-11e0-8d63-001cc4c002e0.html#ixzz1SIENh3uw
« Last Edit: July 17, 2011, 01:43:43 PM by Gutpiles »
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Offline John Andrews

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The stupid state should have figured that out before they cited the fellas. The guys had a right to shoot the deer.
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What educated moron figured a deer was a fur bearer?? While I'm at it, a fur bearer can destroy all kinds of property and gets a "Hall Pass"?!! Huh? :idiot2

Offline John Andrews

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What educated moron figured a deer was a fur bearer?? While I'm at it, a fur bearer can destroy all kinds of property and gets a "Hall Pass"?!! Huh? :idiot2
A furbearer doesn't get a free pass in my book, either.  :twisted: :knuppel2
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