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People v. Hernandez.

2021 CO 45. No. 20SA322. Accused’s Right to Confront Witnesses—Mode of Testifying—Equal Protection.

June 7, 2021

In this opinion, the Supreme Court exercised its original jurisdiction to address whether a trial court may properly allow a “make my day” immunity hearing to proceed with live witness testimony using a videoconference platform instead of in-person courtroom testimony due to public health concerns related to the COVID-19 pandemic.

The Court held that the trial court did not violate Hernandez’s confrontation or equal protection rights by allowing the prosecution to appear, and its witnesses to testify, via a videoconferencing platform at his make my day hearing under these specific circumstances. Accordingly, the Court discharged the rule to show cause.

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