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Constitutional Law

Judge tosses felony case against pair who handed out jury nullification leaflets near courthouse

A Colorado judge has dismissed a felony prosecution for jury tampering against two men who handed out leaflets about jury nullification outside the Lindsey-Flanigan Courthouse in Denver.

Wednesday’s dismissal of the state court criminal case against Mark Iannicelli and Eric Brandt follows a federal court ruling in a civil rights case they brought that the pair had a right to distribute the brochures on courthouse grounds, the Denver Post reports.

Attorney David Lane, who represented Brandt and Iannicelli in both cases, said the federal court opinion in the civil case helped bolster the state court defense.

He contended that the district attorney’s office should never have pursued the criminal case, and he said he is considering a new civil suit over their conduct.

Related coverage:

ABAJournal.com: “Advocacy group sues Denver over courthouse leafleting arrests”

See also:

ABAJournal.com: “New salvos fired in jury nullification battle include felony case over pamphlet handout”

Volokh Conspiracy: “Felony prosecution for distributing pro-jury-nullification leaflets outside courthouse”

WOOD: “Debate over charges for fliers in front of courthouse”