Brandon Rinehart vs State UPDATE! TRIAL DATE 5/15/13 1:30PM

[Bnugget]

Hello Fellow Miners,

While everyone seems to be gearing up to go prospecting this summer using various talked about methods of mining, I just wanted remind everyone that the fight has not been won yet. Along with the cases down in San Bernardino, there are a few of us fighting the good fight on the side lines. I myself am one of them. Now I have received lots of support from various individuals and mining groups which my family and I are extremely grateful for, but support is still greatly needed. Along with financial support, It would be great to pack the courtroom again with lots of miners as we did in February and show this judge we are not going down without a fight.

My attorney, James Buchal, has made some very compelling arguments against the state and it should be a very interesting what they come up with next. We filed a Memorandum in support of our offer of proof on April 22nd, followed by the State’s response on April 30th, in which we replied to that on May 3rd.

The Trial date is coming up in Quincy on May 15th @ 1:30pm, Dept. 11, Judge Ira Kaufman. Please attend if you can. I think the overwhelming show of support at the February hearing had the Judge shaking in his boots as we all seen when he took the matter behind closed doors into his private chambers. He will be unable to do this at next weeks trial as I understand it. Hope to see you all there.

Donations can be made by,

Check payable to JAMES L. BUCHAL
MURPHY & BUCHAL LLP
3425 SE Yamhill Street, Suite 100
Portland, OR 97214
Telephone: (503) 227-1011
Facsimile: (503) 573-1939
E-mail: jbuchal@mbllp.com

OR;

Through PLP – For Brandon’s case(write this on check)

OR;

Given directly to me at the court house.

Here is the Latest from Western Mining alliance on my case(April Newsletter)

“Brandon Rinehart, a young miner from the Bay
Area was charged on June 16th, 2012 with illegal
mining on his Federal mining claim “Nugget Alley” in
Plumas County California.
An initial hearing was held in Quincy, California in
February where nearly fifty miners attended to show
support for Brandon.
Attorney James Buchal, representing Rinehart, has
presented an argument that Brandon is charged with
an impossible act - mining without a permit. Permits
aren’t issued. Mr. Buchal has presented an interesting
argument that argues Federal preemption of the State
laws. The essential argument is the State may not
prohibit what Congress has authorized.
Brandon’s court trial date is set for May 15, 2013
at 1:30 p.m. in Quincy, California.
If possible, please plan to attend to show support
for Brandon. During last February’s preliminary
hearing one of the courthouse employees told us
Brandon’s hearing had drawn more people in
attendance than any case in memory.
We need to continue the support for our fellow
miners. Brandon is not a criminal. Mr. Buchal’s
arguments are well prepared and there is a lot at
stake. If Brandon wins then the State has no authority
to cite a dredger for dredging without a permit.
The argument hinges on Federal preemption of
the State’s ability to prohibit mining. As Mr. Buchal
explains the “temporary” moratorium is now four
years old with no end date. It is in effect a prohibition
which is illegal.
We have read all Mr. Buchal’s arguments and we’re
impressed with the case. Please show your support
and continue your financial support by donating to
Public Lands for the People.”

[Stumpdust]

What happened here???? there has been no info for a while now

[russau]

no info?? ive been getting emails all along.

[Stumpdust]

i havent , i seem to be out of the loop on this , how can i find out what happened?
Todd

[russau]

subscribe to ICMJ, the ICMJ has their own website/forum now , join PLP, amoung a few.

[DJR]

Why doesn't somebody just post it here?

[russau]

i would have BUT most socalled prospectors dont give a hoot about ANY legal issues that surround this! they would rather freeload on the efforts of others! so i dont bother posting it anymore! go to www.ICMJ.com and read it,or goto www.PLP2.com and read it there also! reposting issues is time consuming.

[Bnugget]

Here you go StumpDust,

I screwed up my login for awhile and just fixed it, Sorry. Here is the official response from my attorney.

As an update 6/10/13, the Appeal has been filed, we had 30 days to do this, and we are awaiting paperwork so that I can get my equipment back.

Brandon Rinehart
---------------------------------------------------------------------------------------------------------------------------------------------

I am sorry to report that Judge Ira Kaufman of the Plumas County Superior Court yesterday ruled that no preemption defense was available to Mr. Rinehart’s misdemeanor charge of violating §§ 5653(a) & (d) of the California Fish and Game Code (operating without a permit, and possession of a dredge within 100 yards of a closed area). The Judge gave no reason for his decision. As a result, Mr. Rinehart was found guilty.

The Judge remarked that he thought Mr. Rinehart should be thought of as one engaged in civil disobedience, rather than an ordinary criminal, and set the base fine at $150, which given California’s various additional levies will wind up imposing $872 in total costs. He also put Mr. Rinehart on probation for three years, during which he must “obey all laws,” and pay an additional $140 if the probation is not completed successfully. The Judge warned the miners in attendance that he would be less lenient with other violators now that the law had been established.

The Judge also remarked that he thought the matter should be appealed. The case is pretty well positioned for appeal, because the Judge also ruled that Mr. Rinehart was not entitled to present any evidence concerning the degree to which § 5653.1’s prohibition on permits interfered with mining. He appeared to simply follow the suggestion of the prosecutor that the statute, on its face, simply did not give rise to a triable pre-emption issue at all. I think this decision is almost certainly wrong given existing precedent, though it remains to be seen whether the California courts will pay any attention to precedent.

While he has received some assistance from donations, this prosecution has been an expensive exercise for Mr. Rinehart. Mr. Rinehart must make up his mind whether to prosecute an appeal within thirty days. I think it would be to the benefit of the mining community to get this appeal heard, and hope that efforts can be made to assist Mr. Rinehart in this venture. I have made substantial contributions of unbilled time to the effort and will continue to do so.
----------------------------------------------------------------------------------------------------

James L. Buchal

Murphy & Buchal LLP

3425 SE Yamhill Street, Suite 100

Portland, OR 97214

Phone: 503-227-1011

Fax: 503-573-1939

[russau]

Thankyou Brandon!

[DJR]

I have enough trouble keeping track of one site, on one subject. so I don't go to multiple sites. Other wise I end up with site "build up."
But I have to say that in the age of "Copy and Paste" reposting info from other sources can be a real chore