State High Court: Prosecutor Can't Offer New Justifications for Juror Strike on Remand
"It's unclear what else the prosecutor could have done to explain what 'completely nonresponsive' meant, short of repeating herself verbatim," Chief Justice Brian D. Boatright wrote in the lone dissent, adding, "In these circumstances, the line between 'completely nonresponsive' and 'unengaged' is not immediately apparent."
April 03, 2023 at 09:43 AM
7 minute read
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.
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