Supreme Court of Colorado

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

September 11, 2017401 P.3d 525

Summary

The court held that a prospective juror’s silence in response to rehabilitative questioning may support a finding of rehabilitation when the totality of the voir dire circumstances shows that the juror will decide impartially under the law and evidence. Applying an abuse-of-discretion standard, the court concluded that the three challenged jurors’ prior statements were sufficiently addressed by the court’s legal explanations and their subsequent silence, so the trial court properly denied the challenges for cause. The court therefore reversed the court of appeals’ judgment. Justice Hood, joined by Justices Márquez and Gabriel, would have required each juror to give an affirmative assurance of willingness to follow the law.