Supreme Court of Colorado

Rail v. People

December 9, 2019454 P.3d 1033

Summary

The court affirmed the defendant’s conviction for sexual assault on a child as part of a pattern of abuse. It held that the defendant did not waive his challenge to inconsistent jury interrogatory responses because the record did not show that counsel knew of the inconsistency and intentionally relinquished the claim. The court further held that the inconsistency did not require reversal because the jury returned a unanimous guilty verdict, expressly found the relevant incidents proved, and confirmed those findings during individual polling.