Chapter 21 - § 21.3 • PROPER IMPEACHMENT OF VERDICT

• Jurisdiction: Colorado

§ 21.3 • PROPER IMPEACHMENT OF VERDICT

Colorado

➢ Rule 606(b) Applies to Criminal and Civil Cases. "Colorado Rule of Evidence 606(b) applies to all cases, civil as well as criminal. The rule is designed to reinforce the finality of jury verdicts, to protect the sanctity of jury deliberations, and to safeguard the privacy of jurors." Ravin v. Gambrell, 788 P.2d 817, 820 (Colo. 1990).

➢ Attacking Validity of Juror Verdict. "If the validity of a verdict is attacked, CRE 606(b) precludes inquiry into any matter or statement occurring during jury deliberations, the effect of anything upon any juror's mind or emotions as influencing the juror to assent or dissent from the verdict, or the mental processes of jurors in arriving at the verdict." People v. Rudnick, 878 P.2d 16, 21 (Colo. App. 1993). See also People v. Clark, 2015 COA 44, ¶ 242.
➢ Juror Affidavit Considered for Clerical Error or Mistake. The "mistake" exception may apply where there is a "clerical error" or "mistake" on the verdict form such that "the verdict rendered is not the verdict to which the jury agreed." Malpica-Cue v. Fangmeier, 395 P.3d 1234, 1237 (Colo. App. 2017) (jury wrote down the sum of two damages categories in a third damages category, which should have been $0 — the amount the jury agreed to for the third damages category).

➢ Impeachment of Verdict Through Improper Extraneous Influence. "One seeking to set aside a verdict based on allegations of improper extraneous influence on the jury must establish the fact of such influence and also that there was a reasonable possibility of prejudice." Wilson v. O'Reilly, 867 P.2d 92, 93 (Colo. App. 1993).

➢ Juror Affidavits Considered for External Influence. Generally, a verdict in a criminal case may not be impeached by affidavits of jurors. However, a juror's affidavit may be used to impeach a verdict if there has been external influence on the jury and a reasonable possibility of prejudice. Stewart v. Rice, 47 P.3d 316, 322 (Colo. 2002); Wiser v. People, 732 P.2d 1139 (Colo. 1987) (improper to consult dictionary for definition of "burglary" during jury deliberations because jurors must follow the law provided by the court's instructions); People v. Wadle, 77 P.3d 764, 770 (Colo. App. 2003) (improperly considered information from the Internet regarding uses of an anti-depressant drug).

➢ Juror Affidavits and Testimony Considered for Extraneous Prejudicial Information. A juror may testify, or juror affidavits may be considered, on the

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