Sunday, March 20, 2005

Turney v. Pugh

No. 03-35165 (3-15-05). The 9th denies a petition seeking relief based on the first amendment. the petitioner was convicted in Alaska for informing prospective jurors that they had a right to nullify. He gave them information and a toll-free number. He was convicted under a state statue making criminal communicating with a juror in a way that affects the outcome. There is tension between the first amendment and the statute, but the 9th found that it wasn't overbroad, that is served a legitimate discrete purpose, and that it was narrowly construed.


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