Colorado § 16-10-110 - Jury instructions - cases involving the possibility of the death penalty.

§ 16-10-110. Jury instructions - cases involving the possibility of the death penalty.

At the trial of any felony in which the prosecution is not seeking the death penalty, upon the request of the prosecution or the defendant, the court shall instruct the jury during voir dire that the prosecution is not seeking the death penalty.

Source: L. 89: Entire section added, p. 828, § 36, effective July 1.

ANNOTATION

Defendant's fundamental right to a fair trial for murder not impaired by court informing jury that the death penalty would not be an option without also explaining the applicable sentencing scheme where the death penalty is the only sentencing decision within the purview of the jury. People v. Smith, 848 P.2d 365 (Colo. 1993).

Jury instruction providing supplemental definition of "knowing" for the purposes of second degree murder was unnecessary, but was not reversible error. The trial court's instruction did not pose a barrier to the jury in considering fully the defendant's affirmative defense. People v. Baca, 852 P.2d 1302 (Colo. App. 1992).

Although this section does not address whether the court, on its own motion, may inform the jury that the death penalty is not involved in a case, the trial court did not abuse its discretion in denying the defendant's motion for a mistrial trial on the basis that the court made such statement. People v. Baca, 852 P.2d 1302 (Colo. App. 1992).

It was not error for the trial court to advise the prospective jurors at the outset of voir dire that, if defendant was convicted, death was a possible penalty. People v. Martinez, 24 P.3d 629 (Colo. App. 2000).

PART 2

EVIDENCE OF INCONSISTENT STATEMENTS - VARIANCE