Colorado v. Ojeda
| Docket Number | 19SC763 |
| Decision Date | 14 February 2022 |
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4 cases
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People v. Clark
... ... Id. at 8 n.1. 93 The Colorado Supreme Court recently addressed a trial court's erroneous grant of a peremptory challenge against a Hispanic juror who the prosecution argued would be unduly sympathetic toward the Hispanic defendant. People v. Ojeda , 2022 CO 7, 503 P.3d 856. Because the prosecution offered a race-based reason for excluding the prospective juror, the supreme court concluded that the challenge violated Ojeda's right to equal protection of the law and affirmed the decision from a division of the court of appeals, which had ... ...
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People v. Johnson
... ... In doing so, we acknowledge, but respectfully disagree with, the "substantial motivating factor" approach followed by Judge Fox in People v. Ojeda , 2019 COA 137M, 23, 487 P.3d 1117 ( Ojeda I ), aff'd on other grounds , 2022 CO 7, 503 P.3d 856 ( Ojeda II ). A. Additional Facts 8 Before jury selection began, all potential jurors completed a written questionnaire. As relevant here, question number eight asked, "Have you, a member of ... ...
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People v. Licona-Ortega
...makes out a prima facie case, the burden shifts to the striking party to offer a race-neutral reason for the peremptory strike. People v. Ojeda , 2022 CO 7, ¶ 23, ––– P.3d ––––. The explanation must be "related to the particular case to be tried," but it need not be "persuasive, or even pla......
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People v. Romero
...grounds , 2015 CO 54M, 351 P.3d 1126, we further conclude that this error was structural and requires automatic reversal. See also People v. Ojeda , 2022 CO 7, ¶ 52, 503 P.3d 856 (concluding that erroneously overruled Batson challenge required reversal without conducting a harmlessness anal......
2 books & journal articles
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Criminal Law
...absence of such discrimination in the making of other comparable decisions") (internal quotations and citations omitted); People v. Ojeda, 2022 CO 7, 1 22 (Colo. 2021) ("a pattern is not essential to making a prima facie showing") [9] Batson, 476 U.S. at 97-98; Snyder v. La., 552 U.S. 472, ......
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Summaries of Published Opinions
...was not harmless, and defendant's conviction cannot stand. Accordingly, the Court of Appeals' judgment was reversed. February 14, 2022 2022 CO 7. No. 19SC763. People v. Ojeda. Peremptory Challenges—Equal Protection— Constitution and Selection of Jury. Defendant was convicted of kidnapping, ......