United States V. Krzyske
United States Court of Appeals for the Sixth Circuit
836 F.2d 1013 (1998)
- Written by Carolyn Strutton, JD
Facts
Kevin Krzyske (defendant) was charged with 10 tax-related offenses. Krzyske asked the trial court to instruct the jury on the doctrine of jury nullification. The trial judge refused to do so, but Krzyske’s lawyer referred to the doctrine in his closing argument. During deliberation, the jury asked the judge to explain jury nullification. The judge informed the jury that there was no such thing as valid jury nullification, that the jury was obligated to follow the instructions of the court regarding the law of the case, and that the jury would violate its oath and the law if it willfully brought back a verdict that was contrary to the law it had been given. The jury acquitted Krzyske on five counts and convicted him on five counts. Krzyske appealed, alleging that the judge erred in refusing to give the jury instructions on jury nullification.
Rule of Law
Issue
Holding and Reasoning (Wellford, J.)
Dissent (Merritt, J.)
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