Albert Johnson, Petitioner v. Ryan Lee Schonlaw and Vcg Restaurants Denver, Inc., D/b/a Pt's All — Gabriel, J…

Summary

Justice Gabriel dissented from the majority’s application of outcome-determinative harmless-error review to the improper participation of an alternate juror in deliberations. He would have treated the error as one that defies harmless-error review, applied a rebuttable presumption of prejudice, and required a new trial because the record showed no precautions sufficient to overcome that presumption. Justice Hood joined the dissent.