In Re the People of the State of Colorado, Plaintiff v. James Robert Stackhouse, Defendant.

Summary

The court held that the first jury's rejection of the pattern-of-abuse allegation did not necessarily determine that Stackhouse committed only one act of sexual abuse. Because the record did not establish that the jury unanimously resolved the number or type of acts in Stackhouse's favor, double jeopardy did not require limiting the retrial to a single allegation. The court therefore made the rule to show cause absolute, reversed the restriction on retrial, and remanded for further proceedings.