In a 5-1 vote, the Colorado Supreme Court held that when a trial court conducts remand proceedings under Batson v. Kentucky, a party cannot introduce new race-neutral explanations for a peremptory strike that weren’t made at trial.

Theodore Madrid went to trial in 2012 for charges of murder and child abuse resulting in death. During jury selection, Madrid raised a Batson challenge regarding a prospective juror identified as J.T., a Black man who indicated on his juror questionnaire that he was 68 years old, married with children, and a retired customer-service specialist. The prosecution used its ninth peremptory challenge to excuse J.T., according to the majority’s opinion filed March 27.

This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.

To view this content, please continue to their sites.

Not a Lexis Subscriber?
Subscribe Now

Not a Bloomberg Law Subscriber?
Subscribe Now

Why am I seeing this?

LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.

For questions call 1-877-256-2472 or contact us at [email protected]