Supreme Court of Colorado

The People of the State of Colorado, Petitioner v. David Wayne White, Respondent

November 30, 2010242 P.3d 1121

Summary

The court held that a juror remains a resident of the county for jury-service purposes when the county contains the juror's principal or primary home and the juror presently intends to return, even if the juror is temporarily living elsewhere and does not plan to return within twelve months. Because the juror retained his domicile in Teller County, the trial court properly denied the mistrial motion, and the court reversed the court of appeals with directions to reinstate the convictions. Justice MARTINEZ, dissenting, would have found the juror unqualified because he neither lived in Teller County more than fifty percent of the time nor had a sufficiently concrete present intent to return.