On a day in
November 2015 when the only case on the docket of the Mecosta District Court
was a jury trial in a criminal matter, defendant stood on the sidewalk in front
of the courthouse and passed out “jury nullification” leaflets to prospective
jurors. He was arrested and charged with felony obstruction of justice and
misdemeanor jury tampering. The obstruction of justice charge was dismissed.
Defendant attempted to seek interlocutory appellate review of the remaining
jury tampering charge, but the circuit court, the Court of Appeals, and the Supreme
Court denied his applications for leave to appeal. After a jury trial in
district court, defendant was convicted of jury tampering. He appealed and the
circuit court affirmed. The Court of Appeals affirmed in a split published opinion,
rejecting defendant’s arguments based on statutory construction (meaning of
“juror”), the First Amendment, and due process. The dissent concluded that the
jury tampering statute did not apply to defendant’s conduct because no trial
had been conducted in the case for which the prospective jurors in question
were called. The Supreme Court has granted defendant’s application for leave to
appeal.