People v. Johnson.

2024 CO 35. No. 22SC852. 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 a peremptory challenge against a Black potential juror who said law enforcement had been disrespectful to her or those close to her based on race was a facially race-neutral reason sufficient to satisfy step 2 of the framework in Batson v. Kentucky, 476 U.S. 79 (1986). But because the trial court made no findings to indicate under step 3 that it had considered all the pertinent circumstances in concluding that the strike was not made with a discriminatory purpose, the record was insufficient for complete appellate review of Johnson’s Batson claim.

The Court also held that courts should use a substantial-motivating-factor approach to resolve Batson challenges when the striking party offers both race-based and race-neutral reasons. Because the court of appeals applied a per se approach, the Court reversed the division’s judgment and remanded the case for further proceedings.