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STEWART EX REL. STEWART v. RICE

No. 00SC970.

47 P.3d 316 (2002)

David STEWART, Jr., minor, by and through his next friend and mother, Chiquita STEWART, Petitioner, v. Velma I. RICE, Respondent.

Supreme Court of Colorado, En Banc.

As Modified on Denial of Rehearing June 3, 2002.

Attorney(s) appearing for the Case

Lloyd C. Kordick & Associates, Lloyd C. Kordick, Colorado Springs, Colorado, Attorney for Petitioner.

Patterson, Nuss & Seymour, P.C., Franklin D. Patterson, Brian C. Proffitt, Englewood, Colorado, Attorneys for Respondent.

Justice HOBBS delivered the Opinion of the Court.

The court of appeals in Stewart v. Rice, 25 P.3d 1233 (Colo.App.2000) considered juror affidavits in directing the trial court to review its previous denial of a new trial motion. We hold that Colorado Rule of Evidence 606(b) barred consideration of the juror affidavits because they did not address matters within the rule's two exceptions: extraneous prejudicial information...

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