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7 Colorado opinions name it 1 courts 1990–2007 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.
| Case | Followed | Cited |
|---|---|---|
People v. Davisgreen2 sentences2007In capital cases, a challenge for cause should be granted if the juror's views of the death penalty "would prevent or substantially impair the performance of his duties as a juror in accordance with his instructions and his oath." Wainwright v. Witt, 469 U.S. 412, 424 , 105 S.Ct. 844 , 83 L.Ed.2d 841 (1985) (internal quotation omitted); People v. Davis, 794 P.2d 159, 204 (Colo.1990) ("Davis I") (adopting the Witt standard in Colorado). 2007In capital cases, a challenge for cause should be granted if the juror's views of the death penalty "would prevent or substantially impair the performance of his duties as a juror in accordance with his instructions and his oath." Wainwright v. Witt, 469 U.S. 412, 424 , 105 S.Ct. 844 , 83 L.Ed.2d 841 (1985) (internal quotation omitted); People v. Davis, 794 P.2d 159, 204 (Colo.1990) ("Davis I") (adopting the Witt standard in Colorado). | 4 | 6 |
Wainwright v. Wittgreen2 sentences2007In capital cases, a challenge for cause should be granted if the juror's views of the death penalty "would prevent or substantially impair the performance of his duties as a juror in accordance with his instructions and his oath." Wainwright v. Witt, 469 U.S. 412, 424 , 105 S.Ct. 844 , 83 L.Ed.2d 841 (1985) (internal quotation omitted); People v. Davis, 794 P.2d 159, 204 (Colo.1990) ("Davis I") (adopting the Witt standard in Colorado). 2007In capital cases, a challenge for cause should be granted if the juror's views of the death penalty "would prevent or substantially impair the performance of his duties as a juror in accordance with his instructions and his oath." Wainwright v. Witt, 469 U.S. 412, 424 , 105 S.Ct. 844 , 83 L.Ed.2d 841 (1985) (internal quotation omitted); People v. Davis, 794 P.2d 159, 204 (Colo.1990) ("Davis I") (adopting the Witt standard in Colorado). | 2 | 6 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Colorado. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
People v. O'NEILL
green
2 sentences1996See Witt, 469 U.S. at 420 , 105 S.Ct. at 850 (citation and internal quotation marks omitted); O’Neill, 803 P.2d at 171 ; Davis, 794 P.2d at 207 . 1996See Witt, 469 U.S. at 420 , 105 S.Ct. at 850 (citation and internal quotation marks omitted); O’Neill, 803 P.2d at 171 ; Davis, 794 P.2d at 207 . | 2 | 1996–1996 |
Witherspoon v. Illinois
green
2 sentences1996In Issue 88, Rodriguez argues that the standard set forth in Wainwright v. Witt, 469 U.S. 412 , 105 S.Ct. 844 , 83 L.Ed.2d 841 (1985), does not apply to this case “[b]ecause the standard in Colorado at the time of Mr. Rodriguez’ trial was more lenient than the Witt standard.” Rodriguez’ Opening Brief at 221-222. 36 Rodriguez contends that the trial court should have applied the “standard” in Witherspoon v. Illinois, 391 U.S. 510 , 88 S.Ct. 1770 , 20 L.Ed.2d 776 (1968). 1996In Issue 88, Rodriguez argues that the standard set forth in Wainwright v. Witt, 469 U.S. 412 , 105 S.Ct. 844 , 83 L.Ed.2d 841 (1985), does not apply to this case “[b]ecause the standard in Colorado at the time of Mr. Rodriguez’ trial was more lenient than the Witt standard.” Rodriguez’ Opening Brief at 221-222. 36 Rodriguez contends that the trial court should have applied the “standard” in Witherspoon v. Illinois, 391 U.S. 510 , 88 S.Ct. 1770 , 20 L.Ed.2d 776 (1968). | 2 | 1996–1996 |
Adams v. Texas
green
2 sentences1996In Issue 84, Rodriguez argues that, if Witt applies, Witt requires that the jurors be able to “ ‘consider and decide the facts impartially and conscientiously apply the law as charged by the court.’ ” 469 U.S. at 420 , 105 S.Ct. at 850 (quoting Adams v. Texas, 448 U.S. 38, 45 , 100 S.Ct. 2521, 2526 , 65 L.Ed.2d 581 (1980)). 1996In Issue 84, Rodriguez argues that, if Witt applies, Witt requires that the jurors be able to “ ‘consider and decide the facts impartially and conscientiously apply the law as charged by the court.’ ” 469 U.S. at 420 , 105 S.Ct. at 850 (quoting Adams v. Texas, 448 U.S. 38, 45 , 100 S.Ct. 2521, 2526 , 65 L.Ed.2d 581 (1980)). | 2 | 1996–1996 |
People v. Drake
green
2 sentences1990Drake, 748 P.2d at 1243 . 1990Drake, 748 P.2d at 1243 . | 1 | 1990–1990 |
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.
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.