Taken from the facebook page for Fully Informed Jury Association.
Great stuff from Keith Wood’s Appeal application of his false jury-tampering conviction for handing out FIJA brochures on the public sidewalk:
“Similarly, in Jochen v County of Saginaw, 363 Mich 648; 110 NW2d 780 (1961), the Michigan Supreme Court examined whether the Plaintiff, who had merely been summoned to court, was entitled to workers’ compensation as a juror. In order to determine if she was eligible, the Court had to decide whether Plaintiff was a “juror” at the time of her accident. The Supreme Court found that despite being inside of the courthouse on the day she was summoned to serve as a potential juror, she was not a juror at the time of her injury. Id. at 650. The reason for this was because she had not yet been accepted by the court to serve as a juror. This analysis comports with the recent holding in Cain, which indicates that a person is not a juror until accepted and sworn in as a member of a jury for the trial of a specific case.
Consider the following scenario. Mr. Smith is on his way to potentially serve as a juror and is handed a flier on the public sidewalk in front of the courthouse. Once Mr. Smith is inside the courthouse, but before he is sworn in as a juror, he slips and breaks his hip. According to the lower courts’ rulings on this issue, Mr. Smith is a juror when he is handed the flier; but the Michigan Supreme Court holds he is not yet a juror at that time or even later when he breaks his hip inside the courthouse. The lower courts cannot have it both ways. This Honorable Court must correct the lower courts’ erroneous rulings.”
The Criminal Defense Law Center of West Michigan fully supports Keith Wood’s Appeal and hopes The Michigan Court of Appeals will reverse his wrongful conviction for jury-tampering.
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