Supreme Court of Colorado
Laura A. Newman, LLC D/b/a Herb's and Herb's Jazz & Blues v. T. Lawton Roberts
February 8, 2016365 P.3d 972
Summary
The court rejected Colorado's civil automatic-reversal rule for an erroneous denial of a challenge for cause that forces a party to use a peremptory challenge. It held that the error must instead be evaluated under C.R.C.P. 61 using an outcome-determinative analysis asking whether it substantially influenced the case's outcome. The court therefore reversed the court of appeals and remanded for that determination. Justice Gabriel, joined by Justice Hood, dissented, arguing that the peremptory-challenge right is substantial and that impairment can undermine basic trial fairness without proof of outcome impact.