Legal Opinion
People v. Janis
Colorado Court of Appeals
Decided May 5, 2016No. Court of Appeals No. 14CA1058PublishedCited by 3 opinions
1Opinion of the Court
Opinion by JUDGE NAVARRO
*4¶ 1 Defendant, Erin D. Janis, appeals the judgment of conviction entered on a jury verdict finding her guilty of first degree assault. This case presents the following question: When the defendant is in custody, can defense counsel waive the defendant's constitutional right to be present for a critical stage of trial by informing the trial court that the defendant does not wish to be present? We conclude that the answer is "no." The defendant's personal waiver of this right on the record is required under such circumstances. As a result, we further conclude that the…
2Cases cited48 opinions
- Miranda v. ArizonaSupreme Court of the United States · 1966
- Berkemer v. McCartySupreme Court of the United States · 1984
- Illinois v. AllenSupreme Court of the United States · 1970
- United States v. HensleySupreme Court of the United States · 1985
- New York v. QuarlesSupreme Court of the United States · 1984
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3Cited by3 opinions
- Marcus PEREZ, Petitioner/Cross-Respondent v. The PEOPLE of the State of Colorado, Respondent/Cross-Petitioner.Supreme Court of Colorado · 2021
- Renfroe v. Citibank National AssociationDistrict Court, E.D. Washington · 2020
- v. PeopleSupreme Court of Colorado · 2021