Supreme Court of Colorado

Theodore Israel Madrid Judgment Affirmed En Banc Justice Hood Delivered the Opinion of the Court, in Which Justice…

March 27, 2023526 P.3d 185

Summary

The court held that when a party had an adequate opportunity at trial to state race-neutral reasons for a peremptory strike, it may not introduce a new race-neutral justification during a Batson remand. Because the prosecution added a new justification on remand and the resulting error could not be shown harmless beyond a reasonable doubt, the court affirmed the court of appeals, reversed Madrid's conviction, and ordered a new trial.