Opinion

Fields v. People

  • 732 P.2d 1145
  • 55 U.S.L.W. 2484
  • 1987 Colo. LEXIS 491
Court
Supreme Court of Colorado
Filed
Feb 17, 1987
Status
Published
Author
Lohr
On the bench
Dubofsky, Lohr, Vollack, Erickson
Cited by
48 cases
Authority
More cited than 5.0%

concluding that peremptories based on religious affiliation violate at least state constitution

How later courts described this case

  • concluding that peremptories based on religious affiliation violate at least state constitution
  • holding that "Spanish-surnamed persons clearly constitute a cognizable group of people" for the purpose of both Sixth Amendment and equal protection claims against the use of peremptory challenges
  • holding that Spanish-surnamed people constitute a cognizable group for the purpose of Sixth Amendment and Equal Protection Clause claims against the use of peremptory challenges
  • addressing right to trial by an impartial jury, but refusing to address equal protection question because the issue was not raised in defendant's petition for certiorari

Written by the judges who cited it.

The opinion

LOHR, Justice,

specially concurring.

I agree with the result reached by the majority. As detailed in part V of the majority opinion, the record does not support a contention that the prosecution peremptorily challenged Spanish-surnamed venirepersons for discriminatory reasons. Under these circumstances, it is unnecessary to address the difficult constitutional issues discussed in detail in the majority opinion, and I think it inadvisable to do so. See People v. Fields, 697 P.2d 749, 761 (Colo.App.1984) (Kelly, J., specially concurring).

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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