Colorado v. Janis

Erin Janis stabbed a man outside of a bar in Denver. The State charged Janis with first degree assault. She claimed self-defense, and the case went to trial. Although in custody, Janis asked through trial counsel to leave the courtroom during the victim’s testimony, ostensibly because she feared it might trigger her post-traumatic stress disorder (“PTSD”). Without first advising her of her right to remain or inquiring with her directly about her desire to leave, the trial court granted her request. The jury found Janis guilty, and the trial court ultimately sentenced her to twelve years in prison. On appeal, Janis argued, in part, that she did not validly waive her right to be present during the victim’s testimony. More specifically, she contended that the trial court should have advised her of the right and then engaged her in a colloquy about her decision to waive it. By failing to do so, she asserted, the trial court failed to secure a valid waiver and thus committed reversible error. The Colorado Supreme Court held that a formal advisement of the right to be present at trial was not a prerequisite to a valid waiver of that right, even when a defendant is in custody. “Ultimately, the touchstone is whether, under the totality of the circumstances, the waiver was knowing, intelligent, and voluntary.” On this record, the Court concluded Janis’s waiver was knowing, intelligent, and voluntary. Accordingly, the Court reversed the judgment of the court of appeals and remanded to address any previously unresolved issues. View "Colorado v. Janis" on Justia Law