Opinion
23SC598
02-26-2024
The People of the State of Colorado, Petitioner v. Tre Miekale Carrasco Respondent
Court of Appeals Case No. 21CA1272
Petition for Writ of Certiorari DENIED.
CHIEF JUSTICE BOATRIGHT and JUSTICE SAMOUR would grant as to the following issues:
Whether the court of appeals misapprehended the applicable standard and failed to give appropriate deference to the trial court's denial of defendant's challenge for cause, when the juror's answers were equivocal and the court followed up with rehabilitative questioning of the panel and was able to evaluate the credibility and demeanor of the prospective jurors.
Whether a juror's silence in response to rehabilitative questioning asking any potential juror who cannot apply the presumption of innocence to raise their hand is sufficient to rehabilitate a juror who responded to leading questions by indicating some doubt about their ability to presume defendant innocent.