Opinion
21SC236
02-22-2022
Elliott J. Forgette, Petitioner v. The People of the State of Colorado, Respondent
Court of Appeals Case No. 16CA441
GRANTED PETITIONS FOR WRIT OF CERTIORARI
Petition for Writ of Certiorari GRANTED.
Whether a sleeping-juror issue is preserved where the prosecutor and defense counsel alert the trial court that a juror is sleeping.
Whether there is, as the division held, "a distinction between the waiver of the right to a jury trial and the waiver of the right to a jury of twelve," such that defense counsel can waive the number of jurors without her client's approval.
[REFRAMED] Whether a defendant's right to a jury of twelve is waived when defense counsel alerts the judge to a sleeping juror at trial but does not raise an objection.
DENIED AS TO ALL OTHER ISSUES.