People v. Mosely.
2021 CO 41. No. 19SC819. Jury Unanimity—Self-Defense—Due Process.
June 7, 2021
The Supreme Court addressed whether a jury must unanimously agree on which component of self-defense the prosecution has disproven when a defendant raises self-defense as an affirmative defense to the charged crime. The Court held that, because a defendant has a right only to a unanimous general verdict, the jury need not also unanimously agree on the specific reason that self-defense was disproven, so long as it unanimously agrees that the prosecution disproved self-defense beyond a reasonable doubt. The Court thus reversed the Court of Appeals’ judgment and remanded the case for reinstatement of defendant’s conviction.