Supreme Court of Colorado

v. Abu-Nantambu-El

December 23, 20192019 CO 106

Summary

The court held that an erroneous denial of a for-cause challenge to a juror conclusively presumed biased under Colorado law constitutes structural error when the defendant exhausts peremptory challenges and the juror serves. Because the error implicates the constitutional right to an impartial jury, harmless-error analysis does not apply, and the convictions must be reversed. The court affirmed the court of appeals’ judgment ordering a new trial.