Supreme Court of Colorado

The People of the State of Colorado, Petitioner v. Bradley Raymond Clemens, Respondent — Hood, J., Dissenting

September 11, 2017401 P.3d 525

Summary

The dissent would require a juror who has expressed a disqualifying unwillingness to follow the law to affirmatively retreat from that position before serving. It rejects reliance on silence following group rehabilitation questions because silence is too ambiguous to establish impartiality, especially when a constitutional right is at stake. The dissent would affirm the appellate judgment; the majority instead reversed that judgment. Justices Márquez and Gabriel joined the dissent.