People v. Lavender

Opinion

BAXTER, J.

Jurors, like all human beings, are imperfect. It follows that jury deliberations may also be imperfect. A single juror may fail to recollect some bit of testimony. Some jurors may forget or misapply one of the instructions. Others may focus tenaciously but unreasonably on one aspect of the record to the exclusion of the rest. Through the give and take of deliberations, however, the jury’s collective memory and common sense will often correct these types of errors and lead to a result that surpasses in wisdom the understanding of any one person.

In this case, the parties agree…