2013 CO 24
Colo.2013Background
- Victim found shot to death in Weld County; Robles charged with multiple counts including first‑degree murder and related offenses.
- Trial court had a standing policy to refer to prospective jurors by number in open court; juror identifying information was provided to the defense.
- Questionnaires given to prospective jurors included names and juror numbers; jurors were reminded their information would be provided to the defendant.
- Defense counsel used juror names at times during voir dire; the court instructed on presumption of innocence prior to deliberations.
- Robles was convicted on several counts; the court of appeals affirmed; the issue was framed as whether the number‑based addressing violated due process or the presumption of innocence.
- The Supreme Court affirmed the court of appeals, holding no error or plain error in referring to jurors by number under these facts; Chief Justice Bender dissented.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether referring to jurors by number violated the presumption of innocence | Robles argues it undermined fair trial rights | People contend it was a general policy for administrative convenience | No plain or structural error; presumption not undermined |
| Whether the policy constitutes improper anonymous jury practice | Robles asserts jurors were effectively anonymous | Policy was general and not tailored to Robles or guilt/dangerousness | Not anonymous jury for purposes of due process; upheld policy |
| Whether the issue was preserved and subject to plain error review | Robles preserved concern via trial record | Issue not preserved for appeal; plain error review applies | Plain error review applied; no reversible error found |
| Whether this case should follow Perez and Rizo on anonymous jury analysis | Due process requires more scrutiny where identifying information is shared | Under Perez/Rizo, no due process violation here | Agreement with Perez/Rizo majority; no error; potential for future rulemaking |
Key Cases Cited
- Perez v. People, 302 P.3d 222 (Colo. 2013) (limits on applying federal anonymous‑jury test; focuses on notice to defendant and preservation)
- Rizo v. People, 302 P.3d 232 (Colo. 2013) (affirms trial‑court policy of using numbers for jurors in open court; administrative convenience)
- Hagos v. People, 288 P.3d 116 (Colo. 2012) (plain‑error standard for reviewing trial court conduct not preserved on appeal)