Jury Instructions
Michigan Court of Appeals Reverses Conviction of Detroit Area Artist
Nov/27/09 11:37
The Michigan Court of Appeals has reversed the conviction of a Detroit area artist who got into trouble over a mural on the exterior wall of his studio. The mural was a parody of Michelangelo’s “Creation of Man.” It depicted Eve with a bare breast and had the word “love” written on it. Stross was charged under a local ordinance barring indecent displays. The Court previously rejected defendant’s assertion that the genitalia restriction infringed on his First Amendment-protected exercise of free speech, but found that the lettering ban did amount to “an unconstitutional regulation of speech, infringing on defendant’s First Amendment protections.” On remand from the Supreme Court, the Court of Appeals ordered a new trial because it was unclear whether the jury convicted Stross of writing the word “love” or painting the breast. The Court found that because the conviction could have rested on the unconstitutional theory of prosecution, the case had to reversed. To read the decision, click here. Read More...