Supreme Court of Colorado
In Re: the People of the State of Colorado v. Juan Johnny Hernandez
June 7, 2021488 P.3d 1055
Summary
The court discharged the rule to show cause, holding that a trial court could allow prosecution witnesses to testify by live videoconference at a make-my-day immunity hearing during the COVID-19 public health crisis. The procedure did not violate confrontation rights or equal protection because the health risks justified remote testimony and the technology preserved oath, cross-examination, and demeanor assessment. The court declined to reach the merits of the public-hearing claim because Hernandez waived it by failing to raise it below.