Terrence Curtis Gibbons v. the People of the State of Colorado — Coats, J., Concurring

Summary

Justice Coats concurred in the judgment insofar as the court rejected any requirement that a modified-Allen instruction include an additional advisement about the possibility of a mistrial. He disagreed with the majority's broader formulation allowing trial-court discretion to give such an advisement when it would not be coercive, reasoning that the formulation inadequately defines discretion and confuses instructional error with the question whether the error warrants reversal.