batson
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Appeals court finds no racial discrimination by El Paso County prosecutor
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Colorado’s second-highest court concluded last month that an El Paso County prosecutor did not engage in racial discrimination by dismissing two jurors of color from a criminal trial, based on their concerns over aggressive policing. Under longstanding U.S. Supreme Court precedent, intentional race-based discrimination in jury selection is unconstitutional. If a prosecutor tries to remove…
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Colorado justices struggle with juror in Black defendant’s trial who ‘didn’t want diversity’
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Members of the Colorado Supreme Court this week struggled with the fate of a Black defendant’s convictions in an overwhelmingly White jurisdiction, after a trial judge refused to dismiss a juror who admitted he “didn’t want diversity.” Although the justices have previously addressed cases involving people of color who were removed from juries because of…
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Appeals court finds no discrimination in prosecutor’s removal of Asian juror from murder trial
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Even though an Adams County prosecutor misrepresented the law and the facts when she sought to remove the only Asian juror from a murder trial, Colorado’s second-highest court agreed earlier this month that no racial discrimination occurred. Under longstanding U.S. Supreme Court precedent, intentional race-based discrimination in jury selection is unconstitutional. If a prosecutor tries…
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Race, emotion, the death penalty: Colorado Supreme Court weighs reversing murder convictions of Sir Mario Owens
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A man convicted of two of the most high-profile murders in recent state history may receive a new trial if the Colorado Supreme Court agrees racial bias in jury selection or improper evidence were factors in the 2008 trial of Sir Mario Owens. Over several weeks, Arapahoe County prosecutors presented evidence that Owens was responsible…
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Q&A with Brad Ross-Shannon | Trial lawyer discusses Colorado’s first Jury Appreciation Day
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This year, the General Assembly enacted a bill establishing “Jury Appreciation Day” in Colorado, which will be commemorated for the first time on Sept. 5. The date is tied to a jury’s 1670 verdict in the trial of William Penn and William Mead, who the British government prosecuted for preaching in public. The court retaliated…
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Colorado Supreme Court to hear criminal appeals on racial bias, ‘Make My Day’ defense
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The Colorado Supreme Court announced earlier this month that it will review multiple criminal cases, with issues ranging from racial bias in jury selection and the meaning of a parent-child relationship to the law justifying deadly force against home intruders. At least three of the court’s seven members must agree to hear a case on…
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Colorado Supreme Court to review cases on racial bias in jury selection, misbehaving attorneys, cold case
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The Colorado Supreme Court has recently announced it will review multiple cases, including criminal appeals, a dispute between federal judges over the meaning of state law and the ongoing saga of a disgraced lawyer weaponizing the legal system. At least three of the court’s seven members must consent to hear an appeal. Within the past…
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Colorado appeals court says judges not required to ask jurors about race, instruct on implicit bias
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For the first time, Colorado’s second-highest court on Thursday ruled that trial judges do not have to ask jurors to disclose their race and ethnicity, nor do they need to caution jurors about implicit bias – although there is nothing preventing judges from taking those steps, either. The U.S. Supreme Court recognized nearly four decades ago…
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Colorado appeals court finds no discrimination in Jeffco prosecutors’ dismissal of nonwhite jurors
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A Jefferson County judge correctly found no racial discrimination was behind prosecutors’ dismissal of two apparently Hispanic jurors, the state’s second-highest court ruled on Thursday, even though some of the prosecution’s reasons did not match with reality and the judge seemed largely concerned about the “long day” when justifying the women’s removal. Under longstanding U.S.…
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Colorado appeals court finds no racial discrimination in dismissal of Black woman from jury
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Colorado’s second-highest court last week found there was no intentional racial discrimination when Arapahoe County prosecutors removed a Black woman from the jury of two Black defendants because she allegedly “did not seem interested” or think the judicial system was fair. A three-judge panel for the Court of Appeals rejected the claim that the prosecution…
