Free Republic
Browse · Search
News/Activism
Topics · Post Article

Skip to comments.

Judge Dismisses Denver D.A.'s Unconstitutional Jury Tampering Charges ( jury nullification )
Reason magazine ^ | Dec. 17, 2015 | Jacob Sullum

Posted on 12/17/2015 9:06:06 AM PST by george76

Mitch Morrissey tried to imprison activists for passing out jury nullification pamphlets.

Last August, Denver District Attorney Mitch Morrissey charged two local activists, Mark Iannicelli and Eric Brandt, with seven felonies each for passing out jury nullification pamphlets at the Lindsey-Flanigan Courthouse. Morrissey continued to pursue those charges even after conceding that such activity is protected by the First Amendment. When I asked Lynn Kimbrough, Morrissey's public information officer, what Iannicelli and Brandt had done that crossed the line from constitutionally protected speech to felonious jury tampering, she refused to say. That's probably because Morrissey had no case, as confirmed yesterday when Denver District Court Judge Kenneth Plotz dismissed the charges against both men, which he concluded violated their First Amendment rights.

...

What happened here is pretty clear: Morrissey abused his office to punish people for speech that offended him. He persisted in that effort even after it became abundantly clear that the charges were unconstitutional, as when a federal judge in Denver ruled that activists have a First Amendment right to do exactly what Iannicelli and Brandt were arrested for doing: passing out literature arguing that jurors have the authority to judge the law as well as the facts ... It would be perceived as a losing battle [by] a first-year law student.

Yet Morrissey is not alone in seeking to imprison people for defending principles he abhors. Last month Michigan activist Keith Wood was arrested for handing out jury nullification literature outside the Mecosta County courthouse. Wood was charged with jury tampering,

(Excerpt) Read more at reason.com ...


TOPICS: Crime/Corruption; Extended News; Government; News/Current Events; US: Colorado; US: Michigan
KEYWORDS: denver; fija; jury; jurynullification; mitchmorrissey; morrissey; nullification
Navigation: use the links below to view more comments.
first previous 1-2021-4041-6061-8081-84 next last
To: crusher
the judge always intones something like....

The judges in the (California) cases I've witnessed never allow an opening for potential jurors to insert any opinions, as they are considered to be wrong by definition.

61 posted on 12/17/2015 11:31:59 AM PST by LimitedPowers (Citizenship is not a Hate Crime!)
[ Post Reply | Private Reply | To 57 | View Replies]

To: AEMILIUS PAULUS
Laws are the product of legislators not some nut's private belief of what is just or unjust.
...
rendering himself a liar.
...
a bunch of nut jobs
...
agents of chaos and if their ideas spread we will be irreparably harmed
...
they should be punished.
...
May each nullifier be tried for their life, liberty and property
...
Dude (or dudess as the case may be). Really. I know a libtard who works for an NPR radio station on a college campus (we don't get to choose family or I wouldn't know it) and you sound...

Just

like

her.

Have a nice day.

62 posted on 12/17/2015 12:19:22 PM PST by Peet (I would say "to hell with the media," but hell doesn't want 'em either)
[ Post Reply | Private Reply | To 21 | View Replies]

To: AEMILIUS PAULUS

Jury nullification has been an acknowledged fact of American jurisprudence since at least 1735 with the trial of Peter Wenger. In fact, early in our history judges often informed jurors of their nullification right. You’re just flat-out wrong.


63 posted on 12/17/2015 12:24:28 PM PST by Doug Loss
[ Post Reply | Private Reply | To 21 | View Replies]

To: AEMILIUS PAULUS
Freedom of the press was a concept that the crown did not accept. The jury acquitted the defendant on grounds that he did not libel the governor when he told the truth about him.

Of course, WE do not have autocrats presuming to tell the jury they MUST convict.

</sarcasm>

If the jury does not say that it is nullifying the law, but finds the defendant not guilty, there is no recourse. If the jury can be punished, it is no longer a jury.

There is also the consideration of selective prosecution. If everyone knows something is technically against the law, but everyone does it and no one is prosecuted until the prosecutor decides to go after you, you might think differently about jury nullification.

64 posted on 12/17/2015 1:42:19 PM PST by conservatism_IS_compassion ('Liberalism' is a conspiracy against the public by wire-service journalism.)
[ Post Reply | Private Reply | To 21 | View Replies]

To: AEMILIUS PAULUS

“even though jury nullification is a spreading loony idea typical of our times.”

You need education. Seriously.

L


65 posted on 12/17/2015 1:44:50 PM PST by Lurker (Violence is rarely the answer. But when it is it is the only answer.)
[ Post Reply | Private Reply | To 10 | View Replies]

To: AEMILIUS PAULUS

Only if you consider 1794 recent and John Jay a loon:

“John Jay, first Chief Justice, U.S. Supreme Court, wrote in Georgia v. Brailsford, 3 U.S. 1 (1794): “The jury has a right to judge both the law as well as the fact in controversy.”

L


66 posted on 12/17/2015 2:43:57 PM PST by Lurker (Violence is rarely the answer. But when it is it is the only answer.)
[ Post Reply | Private Reply | To 10 | View Replies]

To: george76
If they Mark Iannicelli and Eric Brandt should file a federal lawsuit (IF they can find an attorney, other wise it will have to be Pro-se) against District Attorney Mitch Morrissey for overreaching and abusing his power for arresting and jailing them in a public, free speech zone.

A judge will wind up granting a "12(b)(6) Motion," which is Failure to State a Claim for which Relief can be Granted.

All prosecutors have what is called "prosecutorial discretion" refers to the fact that under American law, government prosecuting attorneys have nearly absolute and unreviewable power to choose whether or not to bring criminal charges, and what charges to bring, in cases where the evidence would justify charges.

Read more: Prosecution: Prosecutorial Discretion - Varieties Of Discretion, Subjects Of Prosecutorial Discretion, Standards Of Prosecutorial Judgment, Controlling Prosecutorial Discretion - JRank Articles http://law.jrank.org/pages/1870/Prosecution-Prosecutorial-Discretion.html#ixzz3ueg4plE8

67 posted on 12/17/2015 11:28:31 PM PST by Stanwood_Dave ("Testilying." Cop's don't lie, they just Testily{ing} as taught in their respected Police Academy.)
[ Post Reply | Private Reply | To 8 | View Replies]

To: Stanwood_Dave

Jury nullification was something we learned about in law school and it was a given that it was constitutional but that judges were not required to inform you about it. And I believe a Section 1983 law suit against an agent of the state depriving an individual of constitutional rights under color of law would survive a 12(b)(6) motion.


68 posted on 12/18/2015 2:05:33 PM PST by jackal7163 (If you are not willing to achieve victory at any cost, you are doomed to defeat!)
[ Post Reply | Private Reply | To 67 | View Replies]

To: jackal7163
We'll just have to agree to disagree. I believe that not only does a prosecutor have "prosecutorial discretion" my guess is a prosecutor would argue for implied immunity such as a police officer. The only case I'm personally aware of where "implied immunity," was over come, was with Randy Weaver, Ruby Ridge standoff.

The Ninth circus (circuit) finally got one right.

Theirs probably more cases, I'm just don't have access to do the research. And I'm not going to my local county court house Law Library.

69 posted on 12/19/2015 1:18:13 AM PST by Stanwood_Dave ("Testilying." Cop's don't lie, they just Testily{ing} as taught in their respected Police Academy.)
[ Post Reply | Private Reply | To 68 | View Replies]

To: AEMILIUS PAULUS
even though jury nullification is a spreading loony idea typical of our times

Not as loony as you though.

70 posted on 12/19/2015 5:08:55 PM PST by itsahoot (Anyone receiving a Woo! Woo! for President has never won anything after the award.)
[ Post Reply | Private Reply | To 10 | View Replies]

To: AEMILIUS PAULUS
Once again it is a bunch of nut jobs imagining in their lunacy they are striking a blow for justice,

Spoken like a graduate of some B$ law school. Your attitude is the mother's milk of revolution.

71 posted on 12/19/2015 5:12:02 PM PST by itsahoot (Anyone receiving a Woo! Woo! for President has never won anything after the award.)
[ Post Reply | Private Reply | To 21 | View Replies]

To: itsahoot

Living proof of my thesis. I note there is no argument justifying nullification as there is none.


72 posted on 12/19/2015 5:18:07 PM PST by AEMILIUS PAULUS
[ Post Reply | Private Reply | To 71 | View Replies]

To: itsahoot

Ok genius how would you vote in a Case of Pure Comparative Fault-a real legal doctrine. I’ll be surprised if you even know what the doctrine states. You are absolutely ignorant of basic legal principles and yet declare yourselves competent to declare a law unconstitutional. The way you should be handled if asked if you believe the doctrine of nullification and answer no then nullify I would move heaven and earth to have you prosecuted for perjury.


73 posted on 12/19/2015 5:29:47 PM PST by AEMILIUS PAULUS
[ Post Reply | Private Reply | To 71 | View Replies]

To: AEMILIUS PAULUS
Living proof of my thesis.

You have no thesis you have some dumb @ssed opinions.

74 posted on 12/19/2015 5:32:57 PM PST by itsahoot (Anyone receiving a Woo! Woo! for President has never won anything after the award.)
[ Post Reply | Private Reply | To 72 | View Replies]

To: itsahoot

You put forth no rational arguments justifying nullification, simply ad hominem arguments against me. Do you believe that by requiring jurors before seating it is constitutional to require them to take an oath that they will follow the judges instructions as to the law? Can you violate such an oath if you feel it is unconstitutional?


75 posted on 12/19/2015 5:54:57 PM PST by AEMILIUS PAULUS
[ Post Reply | Private Reply | To 74 | View Replies]

To: AEMILIUS PAULUS
Jury nullification nuts like marijuana addicts cannot be reasoned with.

That is an ad homimim fallacy. YOU are the one who cannot be reasoned with.

76 posted on 12/19/2015 6:03:03 PM PST by savedbygrace (But God!)
[ Post Reply | Private Reply | To 24 | View Replies]

To: AEMILIUS PAULUS
Do you believe that by requiring jurors before seating it is constitutional to require them to take an oath that they will follow the judges instructions as to the law?

I believe it is unconstitutional for a judge to declare he is superior in every respect to the poor morons that are forced into involuntary servitude.

Can you violate such an oath if you feel it is unconstitutional?Can you violate such an oath if you feel it is unconstitutional?

Every politician, military person takes a solemn oath to support and defend the Constitution, do you think they should deny that oath?

77 posted on 12/19/2015 6:56:23 PM PST by itsahoot (Anyone receiving a Woo! Woo! for President has never won anything after the award.)
[ Post Reply | Private Reply | To 75 | View Replies]

To: AEMILIUS PAULUS
You are absolutely ignorant of basic legal principles and yet declare yourselves competent to declare a law unconstitutional.

Have you noticed that I detest lawyers, you make it easy.

I would move heaven and earth to have you prosecuted for perjury.

No doubt. When are you going to start bragging about your school and your class rating? I can read simple English, which the Constitution is, it takes people like you to really get confused.

78 posted on 12/19/2015 10:30:36 PM PST by itsahoot (Anyone receiving a Woo! Woo! for President has never won anything after the award.)
[ Post Reply | Private Reply | To 73 | View Replies]

To: itsahoot

Ad hominem arguments are a confession that one no longer is able to argue the merits of a position. You do not know what you are talking about and yet profess to be able to determine when a law is or is not constitutional. Even the Supreme Court often splits on such an issue. Ignorant people who believe they possess knowledge are dangerous.


79 posted on 12/20/2015 9:16:41 AM PST by AEMILIUS PAULUS
[ Post Reply | Private Reply | To 78 | View Replies]

To: AEMILIUS PAULUS
Even the Supreme Court often splits on such an issue.

The Supreme Court only rarely issues a decision that considers the law, they are too busy creating law to interpret it.

Ignorant people who believe they possess knowledge are dangerous.

Here I was expecting you to brag about your alma mater and instead you give us a self description.

80 posted on 12/20/2015 10:07:37 AM PST by itsahoot (Anyone receiving a Woo! Woo! for President has never won anything after the award.)
[ Post Reply | Private Reply | To 79 | View Replies]


Navigation: use the links below to view more comments.
first previous 1-2021-4041-6061-8081-84 next last

Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.

Free Republic
Browse · Search
News/Activism
Topics · Post Article

FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson