2 federal judges nudge SCOTUS to reconsider jury trial limitation as 10th Circuit overturns conviction for Instagram post

Two members of the Denver-based federal appeals court took the unusual step on Tuesday of encouraging the U.S. Supreme Court to revisit its century-old precedent finding the constitutional right to a jury trial in “all criminal prosecutions” does not apply to petty offenses.

At the same time, the panel of three judges for the U.S. Court of Appeals for the 10th Circuit overturned David Lesh’s petty offense conviction for taking pictures of himself on National Forest Service land without authorization, deeming the regulation too vague to put a social media influencer on notice that posting an Instagram photo amounted to “work activity.”

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“Recent Supreme Court cases have consistently recognized that the jury trial right is fundamental to our system of liberty and must be jealously guarded. We believe this signals an interest in restoring the jury trial right to its full constitutional guarantee,” said Kara Rollins of the New Civil Liberties Alliance.

July 17, 2024

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Originally Published in Colorado Politics