People v. Barnum, 01SC165.
| Decision Date | 12 February 2002 |
| Docket Number | No. 01SC165.,01SC165. |
| Citation | 53 P.3d 646 |
| Parties | The PEOPLE of the State of Colorado, Petitioner, v. Jeremiah M. BARNUM, Respondent. |
| Court | Colorado Supreme Court |
Robert J. Whitley, Chief Deputy District Attorney, Denver.
Peter R. Bornstein, Denver.
Thomas J. Hammond, Denver.
Chief Justice Mullarkey, Justice Martinez and Justice Bender are of the opinion that the judgment of the Court of Appeals should be affirmed; whereas Justice Kourlis, Justice Hobbs and Justice Rice are of the opinion that it should be reversed. Justice Coats does not participate.
Since the court is equally divided, the decision of the Court of Appeals is affirmed by operation of law. C.A.R. 35(e).
Justice COATS does not participate.
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Chapter 6 - § 6.9 • AVAILABILITY OF WITNESSES
...case for a determination of unavailability to be made. People v. Barnum, 23 P.3d 1237 (Colo. App. 2001), aff'd by equally divided court, 53 P.3d 646 (Colo. 2002). ➢ Unavailable Witness; Use of Prior Testimony. When a witness is found to be "unavailable" under CRE 804(a), under certain circu......