People v. DeBella

Judge DATILEY

dissenting.

I respectfully dissent from part I of the majority's opinion.

In Frasco v. People, 165 P.3d 701 (Colo.2007), the supreme court directed trial courts to ensure that testimonial exhibits 1 not be so selected or used in such a manner as to create a "likelihood of ... being given undue weight or emphasis by the jury." Id. at 703 (quoting Settle v. People, 180 Colo. 262, 264, 504 P.2d 680, 680-81 (1972)).

The supreme court's concern, in this regard, echoes (though does not quite mirror) the rule in many other jurisdictions barring the jury's unrestricted and unsupervised…