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United States News
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Title: Court Sets Ominous Precedent: Informing Jurors of Their Rights Is Now ILLEGAL
Source: From The Trenches
URL Source: http://fromthetrenchesworldreport.c ... rors-rights-now-illegal/200165
Published: Jun 2, 2017
Author: Justin Gardner
Post Date: 2017-06-03 10:38:54 by Deckard
Keywords: None
Views: 144537
Comments: 422

Big Rapids, MI — As constitutional rights are steadily eroded in the U.S. through the burgeoning police/surveillance state, one case in Michigan provides an example of just how dire the situation has gotten. Keith Woods, a resident of Mecosta County, was charged and recently convicted for the “crime” of standing on a public sidewalk and handing out fliers about juror rights.

Woods was exercising his First Amendment rights and raising awareness about something the courts deliberately fail to tell jurors when beginning a trial – jury nullification, or the right to vote one’s conscience. For this, Woods – a father of eight and former pastor – was charged with jury tampering, after an initial felony charge of obstructing justice was dropped following public outcry.

Even with the reduced charge, the case has very troubling implications for free speech rights. The county prosecutor, seemingly furious that a citizen would dare inform the public on jury nullification, said Woods’ pamphlet “is designed to benefit a criminal defendant.”

The prosecutor then seemed to contradict himself in a statement, saying, “Once again the pamphlet by itself, fine, people have views on what the law should be, that’s fine. It’s the manner by which this pamphlet was handed out.”

Woods, who testified in his own defense, stated under oath that he did not ask anyone walking into the courthouse if they were a juror, remained on the public sidewalk and never blocked any area. He decided to hand out the pamphlets at a Nov. 24, 2015 trial of an Amish man accused of draining a wetland on his property in violation of Dept. of Environment Quality rules.

Woods’ pamphlet did not contain anything specific to the case or any Michigan court, according to defense attorney David Kallman. But this innocuous behavior, which should be viewed as a public service, drew the attention of a judge who became “very concerned” when he saw the pamphlets being carried by some of the jury pool.

“I THOUGHT THIS WAS GOING TO TRASH MY JURY TRIAL, BASICALLY,” TESTIFIED JUDGE [PETER] JAKLEVIC. “IT JUST DIDN’T SOUND RIGHT.”

JACKLEVIC ENDED UP SENDING THAT JURY POOL HOME ON NOV. 24, 2015 WHEN YODER TOOK A PLEA.

JAKLEVIC CONTINUED TO TESTIFY THAT HE STEPPED INTO THE HALLWAY WITH MECOSTA COUNTY PROSECUTOR BRIAN THIEDE WHEN DET. ERLANDSON AND A DEPUTY BROUGHT WOOD INTO THE COURTHOUSE THAT DAY. MECOSTA COUNTY DEPUTY JEFF ROBERTS TESTIFIED HE “ASKED WOOD TO COME INSIDE BECAUSE THE JUDGE WANTED TO TALK WITH HIM,” THEN THREATENED TO CALL A CITY COP IF WOOD DID NOT COME INSIDE.

WOOD TESTIFIED JUDGE JAKLEVIC NEVER SPOKE TO HIM THAT DAY, OR HIM ANY QUESTIONS, BEFORE ORDERING HIS ARREST. HE TELLS FOX 17 HE HAD CONCERNS HIS CASE WAS TRIED IN MECOSTA COUNTY WHERE ALL OF THIS HAPPENED, INVOLVING SEVERAL COURT OFFICIALS INCLUDING THE JUDGE.”

To recap, this judge said “it just didn’t sound right” that people were carrying information pamphlets on their rights as jurors, and he possibly lied on the stand to justify the fact that he had Woods arrested for doing nothing wrong. What’s more, Woods was brought to trial in the same court where all of this transpired and county officials had literally teamed up to violate his rights in the first place.

So our taxpayer dollars are paying their salary, and they were the actors in this case to arrest me, to imprison me, and all that,” said Woods. “I did have a very great concern that they were the ones trying the case, because they work together day in and day out.

Defense attorney Kallman notes that during Woods’ trial, they were prohibited from arguing several points to the jury.

And of course, the First Amendment issues are critical: that we believe our client had the absolute First Amendment right to hand out these brochures right here on this sidewalk,” said Kallman. “That’s part of the problem of where we feel we were handcuffed quite a bit.

When asked how he felt about his First Amendment rights, Woods replied, Oh, I don’t feel like I have them.

We had briefs about the First Amendment, free speech. It was very clear today, I know the jury doesn’t hear that, but it was very clear that the government did not meet their burden to restrict my free speech on that public sidewalk that day. It was very clear.

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Begin Trace Mode for Comment # 76.

#2. To: Deckard (#0) (Edited)

Deckard, I've just about had it with your "jury nullification" bullshit. You wanna play that game? Fine.

Did you know that a jury can also convict a defendant if the jury disagrees with the law? Yes they can. The jury has the final word, one way or the other.

Now, how about if you're on trial and I hand out fliers in front of your courtroom informing potential jurors they have the power to convict you even if you didn't violate the letter of the law? You woudn't consider that jury tampering?

misterwhite  posted on  2017-06-03   12:57:03 ET  Reply   Untrace   Trace   Private Reply  


#5. To: misterwhite (#2)

Did you know that a jury can also convict a defendant if the jury disagrees with the law? Yes they can. The jury has the final word, one way or the other.

Uhhh... That's not completely true, actually. Judges have the power to vacate jury convictions, but not jury acquittals. Correct me if I'm wrong.

Pinguinite  posted on  2017-06-03   14:45:21 ET  Reply   Untrace   Trace   Private Reply  


#76. To: Pinguinite (#5)

Judges have the power to vacate jury convictions, but not jury acquittals. Correct me if I'm wrong.

They have the power to vacate both convictions and acquittals and enter a judgment NOV (non obstante veridictum - notwithstanding the verdict).

The problem is that if they do that to override an acquittal, they are very likely (though not absolutely certain) to be overridden on appeal, so they generally don't do it.

Vicomte13  posted on  2017-06-04   23:18:52 ET  Reply   Untrace   Trace   Private Reply  


Replies to Comment # 76.

#77. To: Vicomte13 (#76)

They have the power to vacate both convictions and acquittals

They do not have the power to over rule acquittals. That is ridiculous. That would be double jeopardy.

A K A Stone  posted on  2017-06-04 23:23:20 ET  Reply   Untrace   Trace   Private Reply  


#84. To: Vicomte13, Pinguinite, A K A Stone (#76)

They [nc- Judges] have the power to vacate both convictions and acquittals and enter a judgment NOV (non obstante veridictum - notwithstanding the verdict).

The Count has a point, albeit presented incompletely. A judge may render a Judgment as a Matter of Law [JMOL], a/k/a/ Judgment Notwithstanding the Verdict, or judgment non obstante veredicto, or JNOV, in a civil case.

A judge has the power to set aside a guilty verdict by a jury in a criminal court. The judge's decision to set aside a guilty verdict is appealable. This is in Rule 50 of the Federal Rules of Civil Procedure.

For criminal proceedings, see Rule 29 of the Federal Rules of Criminal Procedure

He has no authority to set aside a jury verdict of acquittal in a criminal court which would federally be known as judgment of acquittal.

Rule 29. Motion for a Judgment of Acquittal

(a) Before Submission to the Jury. After the government closes its evidence or after the close of all the evidence, the court on the defendant's motion must enter a judgment of acquittal of any offense for which the evidence is insufficient to sustain a conviction. The court may on its own consider whether the evidence is insufficient to sustain a conviction. If the court denies a motion for a judgment of acquittal at the close of the government's evidence, the defendant may offer evidence without having reserved the right to do so.

(b) Reserving Decision. The court may reserve decision on the motion, proceed with the trial (where the motion is made before the close of all the evidence), submit the case to the jury, and decide the motion either before the jury returns a verdict or after it returns a verdict of guilty or is discharged without having returned a verdict. If the court reserves decision, it must decide the motion on the basis of the evidence at the time the ruling was reserved.

(c) After Jury Verdict or Discharge.

(1) Time for a Motion. A defendant may move for a judgment of acquittal, or renew such a motion, within 14 days after a guilty verdict or after the court discharges the jury, whichever is later.

(2) Ruling on the Motion. If the jury has returned a guilty verdict, the court may set aside the verdict and enter an acquittal. If the jury has failed to return a verdict, the court may enter a judgment of acquittal.

(3) No Prior Motion Required. A defendant is not required to move for a judgment of acquittal before the court submits the case to the jury as a prerequisite for making such a motion after jury discharge.

(d) Conditional Ruling on a Motion for a New Trial.

(1) Motion for a New Trial. If the court enters a judgment of acquittal after a guilty verdict, the court must also conditionally determine whether any motion for a new trial should be granted if the judgment of acquittal is later vacated or reversed. The court must specify the reasons for that determination.

(2) Finality. The court's order conditionally granting a motion for a new trial does not affect the finality of the judgment of acquittal.

(3) Appeal.

(A) Grant of a Motion for a New Trial. If the court conditionally grants a motion for a new trial and an appellate court later reverses the judgment of acquittal, the trial court must proceed with the new trial unless the appellate court orders otherwise.

(B) Denial of a Motion for a New Trial. If the court conditionally denies a motion for a new trial, an appellee may assert that the denial was erroneous. If the appellate court later reverses the judgment of acquittal, the trial court must proceed as the appellate court directs.

Notes

(As amended Feb. 28, 1966, eff. July 1, 1966; Pub. L. 99–646, §54(a), Nov. 10, 1986, 100 Stat. 3607; Apr. 29, 1994, eff. Dec. 1, 1994; Apr. 29, 2002, eff. Dec. 1, 2002; Apr. 25, 2005, eff. Dec. 1, 2005; Mar. 26, 2009, eff. Dec. 1, 2009.)

JMOL, Judgment as a Matter of Law

https://en.wikipedia.org/wiki/Judgment_notwithstanding_verdict

Judgment notwithstanding the verdict, also called judgment non obstante veredicto, or JNOV, is a type of judgment as a matter of law (JMOL) that is sometimes rendered at the conclusion of a jury trial. In U.S. federal civil court cases, the term has been replaced by the renewed judgment as a matter of law, which emphasizes its relationship to the judgment as a matter of law (formerly called a directed verdict).[1] In U.S. federal criminal cases, the term is "judgment of acquittal".[2]

JNOV is the practice in American courts whereby the presiding judge in a civil jury trial may overrule the decision of a jury and reverse or amend their verdict. In literal terms, the judge enters a verdict notwithstanding the jury findings. This intervention, often requested[citation needed] but rarely granted, permits the judge to exercise discretion to avoid extreme and unreasonable jury decisions.[3]

A judge is not allowed to enter a JNOV of "guilty" following a jury acquittal in United States criminal cases; such an action would violate a defendant's Fifth Amendment right not to be placed in double jeopardy and Sixth Amendment right to a trial by jury. If the judge grants a motion to set aside judgment after the jury convicts, however, this action may be reversed on appeal by the prosecution.

A JNOV is appropriate only if the judge determines that no reasonable jury could have reached the given verdict. For example, if a party enters no evidence on an essential element of their case, and the jury still finds in their favor, the court may rule that no reasonable jury would have disregarded the lack of evidence on that key point and reform the judgment.

Reversal of a jury's verdict by a judge occurs when the judge believes that there were insufficient facts on which to base the jury's verdict, or that the verdict did not correctly apply the law. This procedure is similar to a situation in which a judge orders a jury to arrive at a particular verdict, called a directed verdict. A judgment notwithstanding the verdict is occasionally made when a jury refuses to follow a judge's instruction to arrive at a certain verdict.[4]

nolu chan  posted on  2017-06-05 02:48:38 ET  Reply   Untrace   Trace   Private Reply  


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