July 22, 2019

Colorado Supreme Court: Allowing Alternate Juror to Deliberate Did Not Affect Parties’ Substantial Rights

The Colorado Supreme Court issued its opinion in Johnson v. Schonlaw on Monday, September 17, 2018.

Jury Deliberations—Conduct Affecting Jurors—Risk of Prejudice—Harmless Error.

Johnson sought review of the court of appeals’ judgment reversing jury verdicts in his favor on personal injury claims against Schonlaw and VCG Restaurants. At the close of the case, the district court overruled the objections of Schonlaw and VCG to its announced decision to allow the alternate to deliberate to verdict with the other jurors. The court of appeals concluded that the trial court had erred in allowing an alternate juror to participate in jury deliberations over the objection of a party, and that the error gave rise to a presumption of prejudice, which remained unrebutted by Johnson, and therefore  required reversal.

The supreme court reversed, holding that because the error did not affect the substantial rights of any defendant, it should have been disregarded as harmless, as required by C.R.C.P. 61.

Summary provided courtesy of Colorado Lawyer.

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