JusticiabilityDoctri
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)?
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?