doubt by sustaining challenge (Colorado) · Go Syfert
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doubt by sustaining challenge in Colorado

10 Colorado opinions name it 2 courts 1986–2019 0 in the last five years

The cases below were cited by Colorado courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (5)

CaseFollowedCited
People v. Gurulegreen
colo · 1981 · cited in 3 Colorado opinions naming this issue, 1986–2000
2 sentences

2000P. 24(b)(X), 12 C.R.S. (1999), requires disqualification of a juror if his or her state of mind "manifest[s] a bias for or against the defendant, or for or against the prosecution, or the acknowledgement of a previously formed or expressed opinion regarding the guilt or innocence of the defendant," unless "the court is satisfied that the juror will render an impartial verdict based solely upon the evidence and instructions of the court." If the trial court "has genuine doubt about the juror's ability to be impartial under the circumstances, it should resolve the doubt by sustaining the challen

2000Hence, we have held that "[if the trial court has genuine doubt about the juror's ability to be impartial under such circumstances, it should resolve the doubt by sustaining the challenge." Russo, 713 P.2d *461 at 362 (emphasis added); see also Morgan v. People, 624 P.2d 1331, 1332 (Colo.1981) ("A prospective juror should be exeused if 'it appears doubtful that he will be governed by the instructions of the court as to the law of the case.") (quoting Jones v. People, 23 Colo. 276, 279 , 47 P. 275 , 276 (1896)); see also People v. Gurule, 628 P.2d 99, 102-03 (Colo.1981).

33
Morgan v. Peoplegreen
colo · 1981 · cited in 2 Colorado opinions naming this issue, 2000–2000
2 sentences

2000P. 24(b)(X), 12 C.R.S. (1999), requires disqualification of a juror if his or her state of mind "manifest[s] a bias for or against the defendant, or for or against the prosecution, or the acknowledgement of a previously formed or expressed opinion regarding the guilt or innocence of the defendant," unless "the court is satisfied that the juror will render an impartial verdict based solely upon the evidence and instructions of the court." If the trial court "has genuine doubt about the juror's ability to be impartial under the circumstances, it should resolve the doubt by sustaining the challen

2000Hence, we have held that "[if the trial court has genuine doubt about the juror's ability to be impartial under such circumstances, it should resolve the doubt by sustaining the challenge." Russo, 713 P.2d *461 at 362 (emphasis added); see also Morgan v. People, 624 P.2d 1331, 1332 (Colo.1981) ("A prospective juror should be exeused if 'it appears doubtful that he will be governed by the instructions of the court as to the law of the case.") (quoting Jones v. People, 23 Colo. 276, 279 , 47 P. 275 , 276 (1896)); see also People v. Gurule, 628 P.2d 99, 102-03 (Colo.1981).

22
People v. Russogreen
colo · 1986 · cited in 5 Colorado opinions naming this issue, 1996–2019
2 sentences

2019Pointing to our decision in People v. Russo, 713 P.2d 356, 362 (Colo. 1986), in which we stated in part that “[i]f the trial court has genuine 4 doubt about the juror’s ability to be impartial . . . , it should resolve the doubt by sustaining the challenge,” Vigil argues that an expression of doubt as to impartiality, minus rehabilitation expressly regarding impartiality, requires the prospective juror’s dismissal for cause.

2000P. 24(b)(X), 12 C.R.S. (1999), requires disqualification of a juror if his or her state of mind "manifest[s] a bias for or against the defendant, or for or against the prosecution, or the acknowledgement of a previously formed or expressed opinion regarding the guilt or innocence of the defendant," unless "the court is satisfied that the juror will render an impartial verdict based solely upon the evidence and instructions of the court." If the trial court "has genuine doubt about the juror's ability to be impartial under the circumstances, it should resolve the doubt by sustaining the challen

15
People v. Lumangreen
coloctapp · 1999 · cited in 3 Colorado opinions naming this issue, 2004–2012
2 sentences

2012People v. Luman, 994 P.2d 432, 435 (Colo.App.1999).

2009Id.; Luman, 994 P.2d at 435 .

13
Jones v. Peoplegreen
colo · 1896 · cited in 1 Colorado opinions naming this issue, 2000–2000
1 sentence

2000Hence, we have held that "[if the trial court has genuine doubt about the juror's ability to be impartial under such circumstances, it should resolve the doubt by sustaining the challenge." Russo, 713 P.2d *461 at 362 (emphasis added); see also Morgan v. People, 624 P.2d 1331, 1332 (Colo.1981) ("A prospective juror should be exeused if 'it appears doubtful that he will be governed by the instructions of the court as to the law of the case.") (quoting Jones v. People, 23 Colo. 276, 279 , 47 P. 275 , 276 (1896)); see also People v. Gurule, 628 P.2d 99, 102-03 (Colo.1981).

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Colorado. Read the followed side critically anyway.

Also cited on this issue (2)

CaseCitedYears
People v. Sandoval green
colo · 1987
1 sentence

1997People v. Sandoval, supra. If the trial court has genuine doubt about the juror’s ability to be impartial, it should resolve the doubt by sustaining the challenge and excusing the juror.

11997–1997
Nailor v. People green
colo · 1980
2 sentences

1986See, e.g., Gurule, 628 P.2d 99 ; Nailor v. People, 200 Colo. 30 , 612 P.2d 79 (1980).

1986See, e.g., Gurule, 628 P.2d 99 ; Nailor v. People, 200 Colo. 30 , 612 P.2d 79 (1980).

11986–1986

Statutes the citing opinions construe

CO § Colo. Rev. Stat. § 16-10-103 (5)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

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