2013 CO 23
Colo.2013Background
- The Colorado Supreme Court granted certiorari to consider whether trial courts may refer to prospective jurors by number rather than name in open court when jurors' identifying information is provided to the defense.
- Rizo was charged with sexual assault with a sentence-enhancing aggravator for another person aiding or abetting.
- During pre-trial and voir dire, the court announced a policy of using juror numbers or seat numbers instead of names; defense did not object.
- Jurors completed questionnaires with names; the court matched names to juror numbers and disclosed this information to the defense.
- Rizo was convicted and the Court of Appeals affirmed; the majority holds there was no error or plain error in using numbers for jurors, while a dissent would reverse.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether using juror numbers violated presumption of innocence. | Rizo argues the practice undermines fair trial rights. | People contend the policy was neutral and did not prejudice Rizo. | No error; presumption of innocence not undermined. |
| Whether the practice constitutes plain error requiring reversal. | Rizo asserts plain error due to the anonymous-treatment risk. | People rely on Perez finding no plain error. | No plain error; standard satisfied. |
| Whether this case should be controlled by the federal anonymous-jury framework. | Rizo would apply federal anonymity test. | People disavow federal test, rely on state-law framework. | Not applied; follow Perez approach under state law. |
| Whether the policy affects public trial or equal protection rights. | Rizo asserts broader constitutional concerns. | Policy is administrative and not aimed at guilt or public trial integrity. | Rejection of public-trial/equal-protection challenges. |
Key Cases Cited
- Perez v. People, 302 P.3d 222 (Colorado Supreme Court, 2013) (refused federal anonymous-jury test; plain-error review applied)
- Hagos v. People, 288 P.3d 116 (Colorado Supreme Court, 2012) (plain-error standard for undisclosed jury issues)
- Miller v. People, 113 P.3d 743 (Colorado Supreme Court, 2005) (plain-error standard for trial fairness)