No. 22-5839

Daniel Mason v. Colorado

Lower Court: Colorado
Docketed: 2022-10-14
Status: Denied
Type: IFP
IFP
Tags: batson-challenge constitutional-law due-process equal-protection fair-trial jury-selection peremptory-challenges peremptory-strike racial-discrimination
Key Terms:
JusticiabilityDoctri
Latest Conference: 2023-01-06
Question Presented (AI Summary)

Whether the Colorado Supreme Court erred in finding no Equal Protection violation when the prosecution impermissibly used race as a reason for the peremptory challenges on a males of Latino descent pursuant to Batson v. Kentucky, 476 U.S. 79 (1986)?

Question Presented (OCR Extract)

QUESTIONS PRESENTED The Petitioner, Daniel Mason, preserved the issues raised in the lower court. Further, the Court of Appeals’ ruling is contrary to this Court’s precedent. The trial court'used an erroneous basis to deny the defense’s Batson challenge to the ; prosecution’s peremptory strike of Mr. Rodriguez when it ruled that Mr. Mason could not raise a Batson challenge because Mr. Mason was white and the challenge juror was Hispanic or Latino. The questions presented are: 1. Whether the Colorado Supreme erred in finding no Equal Protection violation when the prosecution impermissibly used race as a reason for the . peremptory challenges on a males of Latino descent pursuant to Batson v. Keniucky, 476 U.S. 79 (1986)? aan 2. Was the Court in error when denying the Petitioner’s request to challenge the selection of jurors under the Batson Challenge? 3. Does the Respondent have the right to dismiss potential jurors because of juror’s criminal history and/or alleged level of intelligence? 4. Did the Petitioner receive a fair and impartial trial?

Docket Entries

2023-01-09
Petition DENIED.
2022-12-01
DISTRIBUTED for Conference of 1/6/2023.
2022-06-03
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due November 14, 2022)

Attorneys

Daniel Mason
Daniel Mason — Petitioner
Daniel Mason — Petitioner