Opinion
22SC852
05-22-2023
The People of the State of Colorado, Petitioner v. Raeaje Resshaud Johnson, Respondent
Court of Appeals Case No. 19CA768
Petition for Writ of Certiorari GRANTED.
[REFRAMED] Whether citing a Black juror's expression of concern that police do not treat minority persons equally constitutes a race-neutral justification for the purposes of Batson's second step.
Whether the court of appeals erred in departing from supreme court precedent in adopting for the first time a "per se" test mandating a trial court to sustain a Batson objection when the challenged peremptory strike is supported by justification both raceneutral and race-based without regard to whether the strike was based on purposeful discrimination.
DENIED AS TO ALL OTHER ISSUES.