GARCIA v. PEOPLE

No. 98SC794.

997 P.2d 1 (2000)

Eileen C. GARCIA, Petitioner, v. The PEOPLE of the State of Colorado, Respondent.

Supreme Court of Colorado, En Banc.

March 13, 2000.


Attorney(s) appearing for the Case

David Kaplan, Colorado State Public Defender, Douglas D. Barnes, Deputy State Public Defender, Denver, Colorado Attorneys for Petitioner.

Ken Salazar, Attorney General, Barbara McDonnell, Chief Deputy Attorney General, Alan J. Gilbert, Solicitor General, Lauren A. Edelstein, Assistant Attorney General, Criminal Enforcement Section, Denver, Colorado Attorneys for Respondent.


Justice SCOTT delivered the Opinion of the Court.

Today, we must decide whether a trial judge may dismiss a juror after the jury has commenced deliberations and without a record to support findings that the juror is biased or prejudiced. Because of the core importance of jury deliberations and because our review of the record does not disclose any inquiry by the trial judge into the foreperson's allegations that the juror was unwilling to follow the instructions given...

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