batson v. kentucky
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Colorado justices conflicted about using views on police bias to remove jurors of color
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For two hours on Tuesday, the Colorado Supreme Court grappled with a question that could significantly affect the composition of juries going forward: If a juror of color, based on her experiences, says that bias in policing exists, would removing that person from the jury pool be tantamount to dismissing her because of her race?…
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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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Appeals court finds no racial discrimination in jury selection for Weld, Adams County trials
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Colorado’s second-highest court last month concluded prosecutors in Weld and Adams counties did not purposefully remove multiple Hispanic jurors from a pair of criminal trials because of their race or ethnicity. Under longstanding U.S. Supreme Court precedent, intentional race-based discrimination in jury selection is unconstitutional. If a prosecutor tries to dismiss a juror of color,…
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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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Colorado Supreme Court to decide fate of racial bias rule after hearing cases
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The Colorado Supreme Court will likely wait until next year before deciding whether to make it more difficult for attorneys to dismiss people of color from criminal jury trials for reasons that, while not explicitly racial, may still correlate with their race. Earlier this week, Colorado Politics reported that more than 200 days have elapsed…
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Racial bias proposal for jury selection remains stalled in state Supreme Court
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In February, the Colorado Supreme Court held a lengthy public hearing on a proposed rule change that would make it more difficult to remove jurors of color from criminal trials for reasons that, while not explicitly racial, may still correlate with their race. But nearly seven months later, the Supreme Court has yet to take action…
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Colorado Supreme Court accepts 3 cases, including on racial bias in jury selection
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The Colorado Supreme Court announced on Monday it will decide whether a person’s belief that racial bias exists in policing is an acceptable reason to remove them from a jury, or whether doing so violates the longstanding prohibition against race discrimination in jury selection. At least three of the court’s seven members must consent to…
