Chapter 21 - § 21.2 CONFUSION OF JURY VERDICT

• Jurisdiction: Colorado

§ 21.2 CONFUSION OF JURY VERDICT

Colorado

➢ Inconsistencies of Verdict. If inconsistencies in a jury's verdict indicate confusion, it is appropriate for the court to resubmit the verdict to the jury for clarification and, if necessary, to submit supplemental instructions. Reifschneider v. City & County of Denver, 917 P.2d 315 (Colo. App. 1995).

➢ Ambiguous Verdicts May Be Addressed Before the Jury Is Discharged. An exception to the rule that a trial court cannot reconvene a discharged jury applies when the jury has not yet dispersed, there is no evidence that the jury has been subjected to outside influences from the time of the initial discharge to the time of re-empanelment, and the jury remains under the de facto control of the court. It was appropriate to modify a judgment that relied on an ambiguous verdict form based on the proceedings following the discharge of the jury because the foregoing requirements were met. Hanna v. State Farm Ins. Co., 169 P.3d 267 (Colo. App. 2007).

➢ Court May Not Speculate Regarding Jury Confusion. Despite any initial appearance of confusion, once a jury has rendered a consistent final verdict, it is inappropriate to set aside the verdict

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