Supreme Court of Colorado

The People of the State of Colorado, Petitioner v. Dherl Jefferson, Respondent — Boatright, J., Dissenting

April 24, 2017393 P.3d 493

Summary

Justice Boatright dissented from the majority’s conclusion that the trial court abused its discretion by allowing the jury access to a DVD of the victim’s forensic interview. She would have held that the trial court adequately considered whether the DVD might receive undue weight and that any error was harmless, while alternatively favoring a remand for factual clarification rather than reversal. The dissent also argues that the record did not establish that the jury actually viewed the DVD during deliberations.