Key V. People

We granted certiorari to decide whether the court of appeals properly concluded in People v. Key, 851 P.2d 228 (Colo. App. 1992) (Key I), that the defendant was deprived of his constitutional right to counsel when the trial Judge held an ex parte scheduling conference with the jury during its deliberations. We also granted certiorari to determine whether the court of appeals correctly analyzed such a violation under the harmless error standard. For the reasons stated below, we affirm in part and reverse in part and return the case to the court of appeals with directions to remand to the trial court for a new trial.