jury selection
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Find the bias: Chief federal judge, lawyers talk about how to select a jury
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For lawyers participating in jury selection in federal court, the key is to identify biased jurors, while also remaining conversational, taking notes, and paying attention to basic details. “It is a very frequent occurrence that I’ve clarified how the juror pronounces his or her name and the attorney gets up there and butchers it because…
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Colorado justices vent about difficulty of evaluating racial bias in jury selection
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Members of the Colorado Supreme Court last week expressed frustration with the difficulties of pinpointing unconstitutional racial bias in jury selection, especially when relatively few details are available after the fact about what happened at trial. “We’re trying to guess what’s in someone’s mind, someone’s heart, even when they may not be aware of it,…
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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 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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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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Riverbeds, virtual court, sex abuse and more: The Colorado Supreme Court’s biggest decisions of 2022-23 | COVER STORY
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The Colorado Supreme Court this week wrapped up its calendar of oral arguments and weekly releases of decisions until the fall, leaving behind a roster of major rulings and edicts affecting the administration of justice. Chief Justice Brian D. Boatright said at a lawyers-and-judges conference in May that during the past year, the state’s highest court…
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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…