State v. Merrett
Annotate this CaseDefendant was charged with several crimes based on his involvement in a shooting. The jury found Defendant guilty of intimidation with a dangerous weapon with intent, among other crimes. At the same time, the jury answered “no” to a special interrogatory asking whether Defendant had possessed a firearm. The district court concluded that the verdicts were inconsistent and proposed that the matter be resubmitted to the jury. However, Defendant and the State requested that the court accept the verdicts as rendered. Accordingly, the district court accepted the verdicts. Defendant subsequently appealed. The court of appeals reversed and remanded for a new trial on the intimidation charge, finding the special interrogatory answer in direct conflict with the jury’s guilty verdict. The Supreme Court vacated the decision of the court of appeals and affirmed the judgment of the district court, holding that the verdicts were not inconsistent based on how the case was charged to the jury.
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