Opinion
24SC117
09-30-2024
The People of the State of Colorado, Petitioner v. Jacob Alexander Shockey. Respondent
Court of Appeals Case No. 21CA311
Petition for Writ of Certiorari GRANTED.
Whether any claim that the jury's findings are inconsistent was waived where the findings were read aloud by the district court and the defendant did not object until after the jury was discharged.
Whether a finding on a special interrogatory that the prosecution had not proven beyond a reasonable doubt the defendant used, or possessed and threatened the use of, a deadly weapon is logically and legally inconsistent with a conviction for second degree murder or negates an element of that offense.
Whether the appropriate remedy for an inconsistent verdict and special interrogatory finding is vacation of the conviction and entry of a judgment of acquittal or reversal of the conviction and remand for a new trial.