LePage v. Colorado
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The issue before the Supreme Court in this matter centered on whether the appellate court applied the presumption of regularity when the it determined the jury did not receive correct jury forms. The trial court record reflected that the trial judge read the correct instructions and verdict forms. But when the record was certified on appeal, it was discovered that one of the verdict forms was stapled to a refused jury instruction that was not given to the jury, raising the question that the jury may not have received the correct forms. Upon review of the matter, the Supreme Court held that when the trial court reads the correct elemental instructions and verdict form to the jury, the party asserting error must overcome the presumption of regularity. In this case, the party did not overcome the presumption by pointing out that a verdict form was stapled to a refused instruction, and in relation by pointing to ambiguous statements in the trial transcript.
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