racial bias
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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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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 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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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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Aurora firefighters union may seek entry into consent decree lawsuit, appeals court rules
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The union representing Aurora’s firefighters could be allowed to join the litigation between the city and the state that resulted in a consent decree addressing unlawful police and paramedic behavior, Colorado’s second-highest court ruled last week. The agreement to reform the city’s policies came after Attorney General Phil Weiser released a report in 2021 documenting…
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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 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…
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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…
