[DOWNLOAD] "Harper V. People" by Colorado Supreme Court * eBook PDF Kindle ePub Free
eBook details
- Title: Harper V. People
- Author : Colorado Supreme Court
- Release Date : January 16, 1991
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 64 KB
Description
In People v. Harper, 796 P.2d 4 (Colo. App. 1989), the Colorado Court of Appeals affirmed the conviction of the defendant, David Joe Harper, for sexual assault on a child. The court of appeals held that the trial court did not abuse its discretion when it denied Harper's request to poll the jury after the mid-trial publication of a local newspaper article. We granted certiorari to decide whether the reasonable possibility of prejudice test announced in Wiser v. People, 732 P.2d 1139 (Colo. 1987), required the trial court to poll the jury to determine whether any jurors had read the article. Although we conclude that the Wiser test is not the appropriate standard, we hold that the court abused its discretion in declining to poll the jury. We therefore reverse the judgment of the court of appeals.