Turney

Turney v. Pugh

Good Law
United States Court of Appeals for the Ninth CircuitMarch 14, 200503-35165California4,308 words

Opinion

Opinion

I. BACKGROUND

In July 1994, prior to the commencement of jury selection in the Alaska criminal case State v. Hall in Fairbanks, jury- nullification proponent Frank Turney approached three mem- bers of the venire in the courthouse and told them to call the toll-free number of the Fully Informed Jury Association. Some of the individuals Turney lobbied were wearing badges that identified them as jurors. At the time, a person calling the number Turney publicized, 1-800-TEL-JURY, would have heard the following message:

Thank you for calling the Fully Informed Jury Asso- ciation. FIJA is a nonprofit educational association that wants all Americans to know their rights as jurors to judge the law itself as well as the facts regardless of the instructions from the judge because jurors cannot be punished for their verdict. They are the final check and balance on our government, with more power than the President, Congress, or the Supreme Court. To talk to a live person, call 406- 793-5550 or we will mail you more free information on jury veto power, if you tell us how you heard of us. Then name and spell your name, address, and zip code. Here’s the tone. [TONE]

Juror Ellis, one of the…

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