Chapter 4 - § 4.1 • JUROR MISCONDUCT RESULTING IN MISTRIAL

• Jurisdiction: Colorado

§ 4.1 • JUROR MISCONDUCT RESULTING IN MISTRIAL

Colorado

➢ Mistrial; General. A trial court has broad discretion to grant or deny a motion for a mistrial. People v. Manzanares, 942 P.2d 1235, 1238 (Colo. App. 1996).

➢ Juror Misconduct; General. A trial court has discretion to determine whether juror misconduct prejudiced the defendant. People v. Staggs, 740 P.2d 21, 23 (Colo. App. 1987).

➢ Juror Misconduct; General. A trial court has broad discretion to determine whether a hearing is warranted on allegations of juror misconduct. People v. Mollaun, 194 P.3d 411, 416 (Colo. App. 2008).

➢ Juror Misconduct; Emotional Juror. A trial court did not abuse its discretion by declining to question a juror who became upset and locked herself in a bathroom during deliberations. The information provided to the court did not demonstrate that the juror in question either continued to refuse to deliberate or that she was unable or unwilling to reach her own decision on the evidence. Indeed, particularly in light of the fact that the juror was polled, the court would have run a substantial risk of violating CRE 606(b) if it had questioned her. People v. Mollaun, 194 P.3d 411, 419 (Colo. App. 2008).
➢ Juror Misconduct; General. A court's determination of a reasonable possibility of influence is a mixed question of law and fact. People v. Wadle, 97 P.3d 932, 936 (Colo. 2004).

➢ Juror Misconduct; Juror Replacement. If a court suspends a jury's deliberations and fact-finding function to investigate allegations of juror misconduct, then the court's inquiry into juror misconduct must not intrude into the jury's deliberative process. Before a juror is dismissed from a deliberating jury due to allegations of misconduct, the court must have made findings that support a conclusion that the allegedly offending juror would not follow the court's instructions. The law disfavors the dismissal and replacement of a juror during deliberations, and there is a special concern about replacing a juror who is the lone holdout for acquittal. Garcia v. People, 997 P.2d 1 (Colo. 2000).

➢ Mistrial; General. A mistrial is a drastic remedy that is warranted only when the prejudice to the accused is so substantial that its effect on the jury cannot be remedied by other means. People v. Salazar, 920 P.2d 893, 897 (Colo. App. 1996).

➢ Mistrial; Juror Dishonesty. If discovered during trial, a potential juror's failure to answer questions truthfully during voir dire may justify replacing the juror

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