Supreme Court of Colorado

Rene Perez, Petitioner: v. the People of the State of Colorado — Bender, J., Dissenting

April 8, 20132013 Colo. LEXIS 277

Summary

The dissent would hold that using juror numbers during jury selection violated Perez's due process right to a fair trial because the practice implicitly suggested that he was dangerous and that the jurors needed protection. It reasoned that juror privacy, absent case-specific safety concerns, should not override the presumption of innocence, and that routine judicial use of numbered jurors was insufficiently justified. The dissent would reverse Perez's conviction and remand for a new trial.