Demarea Deshawn Mitchell, Petitioner: v. the People of the State of Colorado. Respondent:

Summary

The court affirmed the denial of Mitchell's motion to dismiss for selective prosecution. It held that Mitchell failed to show discriminatory effect because he was not similarly situated to the non-Black codefendants, who had lesser roles and cooperated with law enforcement, and that his statistical evidence did not identify similarly situated comparators. The court also held that Mitchell failed to establish discriminatory purpose because the record did not show that the prosecution's decisions were motivated by race. No separate opinions were presented.