Elliott v. Colorado
Annotate this CaseThe Colorado Supreme Court granted certiorari to consider whether: (1) an objection to an allegedly sleeping juror was preserved when the parties note that the juror was sleeping but requested no action from the court; (2) there was a distinction between the waiver of the right to a jury trial and the waiver of the right to a jury of twelve, which could possibly implicate whether counsel could waive the number of jurors on behalf of her client; and (3) the right to a jury of twelve was waived when counsel notes that a juror was asleep but did not object or request action from the court. The Supreme Court found defendant Elliott Forgette was tried by a jury of twelve, and this case did not implicate the second and third issues on which the Court granted certiorari, and it therefore did not decide those questions. The Court concluded, however, that defense counsel does not properly preserve an objection to an allegedly sleeping juror merely by noting that a juror was asleep without objecting or otherwise requesting any action from the court: "when counsel is aware of all of the pertinent facts and does not preserve an objection to an allegedly sleeping juror, that objection is waived, thereby precluding appellate review."
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