Tyler v. People

I respectfully dissent to the majority’s conclusion that the trial court’s failure to determine on the record whether Tyler effectively waived his right to testify at trial does not require that his judgment of conviction be reversed. See maj. op. at 142. As set forth below, I disagree with the majority’s reliance on our decision in Roelker v. People, 804 P.2d 1336 (Colo.1991), as support for this conclusion. I also dissent to the majority’s holding that the prosecution established a prima facie case of waiver. I would therefore reverse the judgment of the court of appeals affirming Tyler’s…