In a 5-1 vote, the Colorado Supreme Court docket held that when a trial courtroom conducts remand proceedings below Batson v. Kentucky, a celebration can not introduce new race-neutral explanations for a peremptory strike that weren’t made at trial.
Theodore Madrid went to trial in 2012 for fees of homicide and youngster abuse leading to demise. Throughout jury choice, Madrid raised a Batson problem concerning a potential juror recognized as J.T., a Black man who indicated on his juror questionnaire that he was 68 years outdated, married with kids, and a retired customer-service specialist. The prosecution used its ninth peremptory problem to excuse J.T., in accordance with the majority’s opinion filed March 27.