Elliott J. Forgette v. The People of the State of Colorado

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.