Colorado v. Richardson

Although I agree with the majority that this court may not consider the jurors' affidavits, which revealed that the jury acquitted the defendant of first- and second-degree murder, I disagree that the trial court had no authority or responsibility to conduct a partial verdict inquiry to determine if the jury acquitted Richardson of the greater offenses. The danger realized here is that, prior to the jury's discharge, there was no procedure allowing the jury to report an acquittal on the greater charge, and yet, after the jury's discharge, we cannot consider juror affidavits or testimony…