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2021 COA 70. No. 17CA2058. People v. Madrid.

Fourteenth Amendment—Peremptory Strike—Batson Challenge.

May 27, 2021


A jury found defendant guilty of one count of first degree murder and two counts of child abuse. He appealed the conviction, arguing that the district court erroneously denied his objection under Batson v. Kentucky, 476 U.S. 79 (1986), to the prosecution’s peremptory strike of an African American prospective juror. After this first appeal and following remand, the district court conducted further proceedings and concluded that there had been no Batson violation.

On this second appeal, defendant contended that the district court erred by, among other things, accepting on remand new race-neutral explanations for the strike that the prosecutor had not articulated during the Batson challenge at trial. Where the prosecution articulates its race-neutral reasons for striking a potential juror during the Batson proceedings at trial, the district court cannot consider or base its ruling on new justifications offered on remand.

The judgment of conviction was reversed and the case was remanded for a new trial.

Official Colorado Court of Appeals proceedings can be found at the Colorado Court of Appeals website.

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