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A sleeping juror isn’t grounds for appeal, Colorado Supreme Court rules

Elliott Forgette’s attorneys failed to object to snoozing juror at the time and waived issue, court found

The jury box is at ...
Denver Post file photo
In this Jan. 15, 2015, file photo, the jury box is at right in Courtroom 201, where the jury later sat for the trial of Aurora movie theater shootings defendant James Holmes in Centennial, Colo.
DENVER, CO - DECEMBER 4:  Shelly Bradbury - Staff portraits at the Denver Post studio.  (Photo by Eric Lutzens/The Denver Post)
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The justices unanimously found that Elliott Forgette, 37, cannot pursue an appeal over the snoozing juror because his public defenders failed to object to the catnapper during the jury trial and therefore waived the issue, according to the court's 20-page opinion.
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