Nailor v. People
| Decision Date | 02 June 1980 |
| Docket Number | No. 79SC152,79SC152 |
| Citation | 612 P.2d 79,200 Colo. 30 |
| Parties | James Jackson NAILOR, Petitioner, v. The PEOPLE of the State of Colorado, Respondent. |
| Court | Colorado Supreme Court |
J. Gregory Walta, Colo. State Public Defender, Thomas M. Van Cleave, III, Deputy State Public Defender, Denver, for petitioner.
J. D. MacFarlane, Atty. Gen., Richard F. Hennessey, Deputy Atty. Gen., Mary J. Mullarkey, Sol. Gen., Denver, for respondent.
The court of appeals in People v. Nailor, Colo.App., --- P.2d --- (Court of Appeals No. 77-971, announced March 15, 1979) affirmed the petitioner-defendant's conviction for first-degree criminal trespass and possession of burglary tools. We granted certiorari and now hold that the trial court committed reversible error. Therefore, we reverse the judgment of the court of appeals.
The charges against the defendant were based upon an attempt to break into an automobile. The juror in question had her car burglarized only the week before and stated to the court
An extensive voir dire of the prospective juror was conducted by defense counsel, the district attorney, and the trial judge, and although the juror stated that she believed that she could distinguish her experience from the charges against the defendant, her final position was that there was a serious doubt in her own mind about her ability to be fair and impartial. The trial court denied defense counsel's challenge for cause because the juror's impartiality was merely in doubt and this was not sufficient to render the juror biased. Defense counsel was then forced to use one of his peremptory challenges and he later exhausted all his peremptory challenges. The trial court refused to grant him an additional peremptory challenge, which defense counsel stated would have been used if granted.
It is fundamental to the right to a fair trial that a defendant be provided with an impartial jury. Maes v. District Court, 180 Colo. 169, 503 P.2d 621 (1972). To insure that this right is protected, the trial court must excuse prejudiced or biased persons from the jury. The test to be applied is provided in section 16-10-103(1)(j) C.R.S.1973 (now in 1978 Repl.Vol. 8), and Crim.P. 24(b)(1)(X). The trial court need not grant a challenge for cause if it "is satisfied, from an examination of the juror or from other evidence, that he will render an impartial verdict according to the...
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People v. Pena-Rodriguez
...299 U.S. at 133, 57 S.Ct. 177. In Colorado, the test for juror bias is codified in section 16–10–103(1)(j), C.R.S.2012. Nailor v. People, 200 Colo. 30, 32, 612 P.2d 79, 80 (1980). This section provides that a potential juror should be excused for cause if there exists "a state of mind in th......
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People v. Taggart
...unambiguous concession by both jurors that they could and would be fair and impartial clearly distinguishes this case from Nailor v. People, Colo., 612 P.2d 79 (1980), where after extensive voir dire the juror still harbored serious doubts about her fairness and impartiality. A strong avers......
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People v. Drake
...persons from the jury. E.g., People v. Abbott, 690 P.2d 1263 (Colo.1984); People v. Gurule, 628 P.2d 99 (Colo.1981); Nailor v. People, 200 Colo. 30, 612 P.2d 79 (1980). The trial court must sustain a challenge for cause of a prospective juror if there exists a "state of mind in the juror ev......
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Blades v. DaFoe, 83SC306
...act as an impartial fact finder, the trial court should grant a challenge for cause and dismiss the juror. See Nailor v. People, 200 Colo. 30, 32, 612 P.2d 79, 80 (1980); Action Realty v. Brethouwer, 633 P.2d 522 (Colo.App.1981). In applying the impartial fact finder test to juror disqualif......