People v. Reddick, No. 79CA0079

Docket NºNo. 79CA0079
Citation610 P.2d 1359, 44 Colo.App. 278
Case DateMay 08, 1980
CourtCourt of Appeals of Colorado

Page 1359

610 P.2d 1359
44 Colo.App. 278
The PEOPLE of the State of Colorado, Plaintiff-Appellee,
v.
John W. REDDICK, Defendant-Appellant.
No. 79CA0079.
Colorado Court of Appeals, Div. III.
May 8, 1980.

J. D. MacFarlane, Atty. Gen., David W. Robbins, Deputy Atty. Gen., Edward G. Donovan, Sol. Gen., Susan P. Mele-Sernovitz, Asst. Atty. Gen., Denver, for plaintiff-appellee.

J. Gregory Walta, Colorado State Public Defender, Robert Breindel, Deputy State Public Defender, Denver, for defendant-appellant.

[44 Colo.App. 279] PIERCE, Judge.

Defendant appeals his conviction of second degree forgery. We reverse.

Page 1360

Defendant raises two contentions of error on appeal, both relating to the selection of the jury. Defendant contends that the trial court erred in denying his motion for mistrial and an alternative motion to quash the jury panel on the grounds that the trial court failed to comply with the provisions of § 16-10-103(2), C.R.S. 1973. He also contends that the trial court erred in denying his challenge for cause of a prospective juror who had once taken a real estate law class taught by the prosecutor, was married to a police officer, and was acquainted with a number of other police officers, one of whom was listed as a prosecution witness.

I.

It is apparent from the record that the trial court failed to comply with the requirements of § 16-10-103(2), C.R.S. 1973 (1978 Repl.Vol. 8), which states as follows:

"If any juror knows of anything which would disqualify him as a juror or be a ground for challenge to him for cause, it is his duty to inform the court concerning it whether or not he is specifically asked about it. The jury panel shall be advised of this duty and of the grounds for challenge for cause before any prospective jurors are called to the jury box."

Here, the trial court failed to so advise the jury panel until after 13 prospective jurors had been seated in the jury box and the prosecutor had completed his voir dire. At that point, defendant moved for a mistrial or in the alternative to quash the jury panel based upon the trial court's failure to advise the jury panel of the grounds for challenge for cause. The trial court denied the defendant's motions and proceeded, prior to defendant's voir dire of the prospective jurors, to advise the jury panel of the grounds for challenge for cause as set forth in § 16-10-103(1)(a) through (k), C.R.S. 1973 (1978 Repl.Vol. 8), and of the prospective jurors' responsibility to...

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13 practice notes
  • People v. Pena-Rodriguez, No. 11CA0034.
    • United States
    • Colorado Court of Appeals of Colorado
    • 8 Noviembre 2012
    ...officer, the prosecution witness being "familiar" to her, and the prosecutor having been the juror's former teacher. People v. Reddick, 44 Colo.App. 278, 280, 610 P.2d 1359, 1360 (1980).In contrast, juror ties such as the following were insufficient:• A juror recognizing the victim as her d......
  • People v. Whitman, No. 04CA1428.
    • United States
    • Colorado Court of Appeals of Colorado
    • 29 Noviembre 2007
    ...employee of law enforcement agency). Defendant relies on People v. Rogers, 690 P.2d 886, 887-88 (Colo.App.1984), and People v. Reddick, 44 Colo.App. 278, 280, 610 P.2d 1359, 1361 (1980), and contends there are several factors about the juror's association with the victim advocacy organizati......
  • Blades v. DaFoe, No. 83SC306
    • United States
    • Colorado Supreme Court of Colorado
    • 8 Julio 1985
    ...may not require that a challenge for cause be granted, the combination of factors may compel dismissal of the juror. People v. Reddick, 44 Colo.App. 278, 610 P.2d 1359 (1980). Among the factors to be considered are the parties' theory of the case and the nature of the evidence that the juro......
  • People v. Roldan, No. 08CA2487.
    • United States
    • Colorado Court of Appeals of Colorado
    • 20 Enero 2011
    ...a “combination of factors reflecting her close association with the law enforcement establishment required her dismissal for cause.” 44 Colo.App. 278, 280, 610 P.2d 1359, 1361 (1980). In that case, the juror knew the prosecutor and a police officer testifying for the prosecution, and her hu......
  • Request a trial to view additional results
13 cases
  • People v. Pena-Rodriguez, No. 11CA0034.
    • United States
    • Colorado Court of Appeals of Colorado
    • 8 Noviembre 2012
    ...officer, the prosecution witness being "familiar" to her, and the prosecutor having been the juror's former teacher. People v. Reddick, 44 Colo.App. 278, 280, 610 P.2d 1359, 1360 (1980).In contrast, juror ties such as the following were insufficient:• A juror recognizing the victim as her d......
  • People v. Whitman, No. 04CA1428.
    • United States
    • Colorado Court of Appeals of Colorado
    • 29 Noviembre 2007
    ...employee of law enforcement agency). Defendant relies on People v. Rogers, 690 P.2d 886, 887-88 (Colo.App.1984), and People v. Reddick, 44 Colo.App. 278, 280, 610 P.2d 1359, 1361 (1980), and contends there are several factors about the juror's association with the victim advocacy organizati......
  • Blades v. DaFoe, No. 83SC306
    • United States
    • Colorado Supreme Court of Colorado
    • 8 Julio 1985
    ...may not require that a challenge for cause be granted, the combination of factors may compel dismissal of the juror. People v. Reddick, 44 Colo.App. 278, 610 P.2d 1359 (1980). Among the factors to be considered are the parties' theory of the case and the nature of the evidence that the juro......
  • People v. Roldan, No. 08CA2487.
    • United States
    • Colorado Court of Appeals of Colorado
    • 20 Enero 2011
    ...a “combination of factors reflecting her close association with the law enforcement establishment required her dismissal for cause.” 44 Colo.App. 278, 280, 610 P.2d 1359, 1361 (1980). In that case, the juror knew the prosecutor and a police officer testifying for the prosecution, and her hu......
  • Request a trial to view additional results

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