Samuel J. Mulberger v. the People of the State of Colorado — Gabriel, J., Concurring

Summary

Justice Gabriel concurred only in the judgment, concluding that the conviction should be affirmed because the governing harmless-error framework resolved the jury-selection issue without reaching the statutory interpretation question. He reasoned that the defendant did not claim a biased or incompetent juror sat on the jury, so any erroneous denial of a challenge for cause was harmless. The concurrence also rejected arguments concerning retroactivity, due process, and remand for a new prejudice standard.