Latest Case: Silverwolf v. Colton (Real Estate & Property Law)

Should Acquittals Require Unanimity?

SHERRY F. COLB

Cornell law professor Sherry F. Colb considers the policy question of whether, since the Constitution requires jury unanimity to convict a defendant of a serious crime, states should require a unanimous verdict to acquit a defendant, as well. Colb describes the reasons behind jury unanimity convictions and assesses whether they apply similarly to acquittals.

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Silverwolf v. Colton

Citation: 2020 ME 94

Opinion Date: June 30, 2020

Judge: Humphrey

Areas of Law: Real Estate & Property Law

In this action for recovery of personal property the Supreme Judicial Court vacated in part the judgment of the district court finding Kathryn Colton in contempt and imposing a jail sentence and ordering her incarceration, holding that the district court violated Colton's right to due process by ordering her to be incarcerated without an opportunity to "show cause" in some fashion. Debbie Silverwolf, a former tenant on Colton's property, brought an action against Colton for recovery of personal property. The court entered judgment in favor of Silverwolf and ordered Colton to return the property. When Colton failed to do so the judge held Colton in contempt and ordered her incarceration. No show cause proceeding was held. The Supreme Judicial Court remanded the case for a show cause hearing, holding (1) the court did not err in finding Colton in contempt, and the court's factual findings were supported by the evidence; and (2) the court denied Colton the opportunity to show cause, notwithstanding her attempt to make an offer of proof.