United States v. Heicklen
United States District Court for the Southern District of New York
858 F.Supp.2d 256 (2012)
The government indicted Julian Heicklen (defendant) for attempted jury tampering after he repeatedly stood outside a federal courthouse handing jurors leaflets advocating jury nullification, urging them to vote their conscience regardless of the judge's instructions on the law. The leaflets did not refer to any specific case or pending dispute. Heicklen moved to dismiss the indictment, arguing it failed to allege all the elements required for a jury-tampering offense under 18 U.S.C. Section 1504.
Whether an indictment for federal jury tampering must allege that the defendant's written communication related to a specific issue or matter actually pending before the juror, rather than merely touching on a juror's duties in the abstract.