Convicted Without Charges, Without Instructions—Welcome to Democrat Justice!

Quick Overview

Andrew Branca argues that Colorado election official Tina Peters was railroaded into a felony conviction based on a misinstructed jury that convicted her of a crime she was never charged with, highlighting the perceived injustice by pointing out the state's attorney failed to defend against the felony conviction that resulted from the jury being improperly instructed.

Key Points: Colorado election official Tina Peters was convicted of a felony after jury instructions omitted a key element of the crime she was charged with, leading to a conviction based on a misdemeanor. Peters was sentenced to nine years in prison for misdemeanors after the jury found her guilty based on instructions that failed to include the specific language for the felony charge. The state attorney's defense, according to Branca, was flawed because they conceded that the jury instructions were incorrect, effectively framing Peters for a felony conviction she should not have received. Branca suggests that the prosecution was on notice because the indictment used the correct statutory citation, but the jury instructions did not include the necessary language, which he calls an egregious oversight. The attorney defending the state's actions was a woman who Branca implies was not effective, allowing the conviction to stand despite the faulty jury instructions. The core issue identified is that the jury was instructed on a felony when the evidence presented at trial would have only supported a misdemeanor conviction, which is why the conviction should be overturned.

Context: The video features attorney Andrew Branca discussing the case of Tina Peters, a county-level election official in Colorado, who faced legal action related to election integrity concerns, specifically regarding the 2020 election. Branca focuses on the procedural errors during her trial, particularly concerning jury instructions, which he believes led to an unjust felony conviction where the evidence only supported a misdemeanor.