People v. Janis, 2018 CO 89

Erin Janis stabbed a man outside a Denver bar; charged with first-degree assault and claimed self-defense. She remained in custody throughout trial.
Defense counsel informed the court Janis suffered severe PTSD and might need to leave the courtroom; the court and parties agreed to a protocol allowing her to excuse herself if needed.
During the victim’s testimony, counsel told the court Janis wished to leave; the court permitted her to exit without personally advising her of the right to be present or conducting an on-the-record colloquy.
While absent, counsel conferred with Janis and later stated she preferred to stipulate to identification rather than be forced back into court; the victim subsequently testified identifying Janis.
Janis was later convicted and sentenced to 12 years; the court of appeals reversed, finding no valid personal waiver on the record. The Colorado Supreme Court granted certiorari.

Issue	Plaintiff's Argument (People)	Defendant's Argument (Janis)	Held
Whether an in-custody defendant must receive a formal on-the-record advisement to waive the right to be present	Formal advisement is not constitutionally required; totality of circumstances suffices	Absent a personal on-the-record advisement and colloquy, an in-custody defendant cannot validly waive this personal right	No; formal advisement preferred but not required; waiver judged under totality of circumstances
Whether the record shows Janis knowingly, intelligently, and voluntarily waived her right to be present	Statements of counsel and surrounding circumstances can prove waiver; People met their burden here	Counsel’s statements alone are insufficient; personal colloquy required, especially for an in-custody defendant with PTSD	Held that the record supports a knowing, intelligent, voluntary waiver based on competency findings, counsel’s communications, and Janis’s choices

United States v. Gagnon, 470 U.S. 522 (discusses right to presence rooted in the Confrontation Clause)
Illinois v. Allen, 397 U.S. 337 (defendant’s right to be present at every stage; disruptive-waiver doctrine)
Taylor v. United States, 414 U.S. 17 (waiver by voluntary absence can be effective without an express judicial warning)
Johnson v. Zerbst, 304 U.S. 458 (waiver inquiry is fact-specific; ad hoc totality-of-circumstances approach)
Strickland v. Washington, 466 U.S. 668 (strong presumption that counsel’s representation is adequate)
People v. Curtis, 681 P.2d 504 (Colo. 1984) (right to be present is personal; discussion of advisement practice)
People v. Mozee, 723 P.2d 117 (Colo. 1986) (absence of on-the-record advisement does not automatically invalidate waiver)