The People of the State of Colorado, Petitioner v. Bradley Raymond Clemens, Respondent

Summary

The court held that a prospective juror's silence during rehabilitative questioning may constitute evidence of rehabilitation when the totality of the voir dire circumstances indicates that the juror will follow the law and render an impartial verdict. Applying that standard, the court concluded that the trial court acted within its discretion in denying challenges for cause to three jurors who had initially expressed concern about a defendant's silence. Justice Hood, joined by Justices Márquez and Gabriel, dissented, arguing that rehabilitation required an affirmative retreat from the disqualifying position.