People v. Austin.

2024 CO 36. No. 23SC75. Jury Selection—Peremptory Challenge—Batson—Clear Error—Examination of Jurors—Particular Groups, Inclusion or Exclusion—Race.

June 3, 2024

The Supreme Court concluded that the prosecutor’s explanation that she used a peremptory strike to remove a potential juror because of the juror’s activism to reform the Denver Police Department was facially race-neutral under Batson v. Kentucky, 476 U.S. 79 (1986). The Court also concluded, however, that the trial court’s findings were insufficient for an appellate court to review whether the trial court had considered all the pertinent circumstances in concluding that the strike was not made with a discriminatory purpose. Accordingly, the Court reversed the judgment of the court of appeals and remanded the case for further proceedings.

The full opinion is available at https://www.courts.state.co.us/userfiles/file/Court_Probation/Supreme_Court/Opinions/2023/23SC75.pdf.