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FORGETTE v. PEOPLE

Supreme Court Case No. 21SC236.

524 P.3d 1 (2023)

2023 CO 4

Elliott J. FORGETTE, Petitioner, v. The PEOPLE of the State of Colorado, Respondent.

Supreme Court of Colorado.

Rehearing Denied February 21, 2023.

Attorney(s) appearing for the Case

Attorneys for Petitioner: Megan A. Ring , Public Defender, Jacob B. McMahon , Deputy Public Defender, Denver, Colorado.

Attorneys for Respondent: Philip J. Weiser , Attorney General, William G. Kozeliski , Senior Assistant Attorney General, Denver, Colorado.

JUSTICE GABRIEL delivered the Opinion of the Court, in which CHIEF JUSTICE BOATRIGHT, JUSTICE MARQUEZ, JUSTICE HOOD, JUSTICE HART, JUSTICE SAMOUR, and JUSTICE BERKENKOTTER joined.

¶1 We granted certiorari to consider whether (1) an objection to an allegedly sleeping juror is preserved when the parties note that the juror was sleeping but request no action from the court; (2) there is a distinction between the waiver of the right to a jury trial and the waiver of the...

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