PEOPLE v. PRATOR

No. 92SC244.

856 P.2d 837 (1993)

The PEOPLE of the State of Colorado, Petitioner, v. Reo Shane PRATOR, Respondent.

Supreme Court of Colorado, En Banc.

July 26, 1993.


Attorney(s) appearing for the Case

Gale A. Norton, Atty. Gen., Raymond T. Slaughter, Chief Deputy Atty. Gen., Timothy M. Tymkovich, Sol. Gen., John Daniel Dailey, Deputy Atty. Gen., Robert Mark Russell, First Asst. Atty. Gen., Laurie A. Booras, Asst. Atty. Gen., Denver, for petitioner.

Jeanne Winer, Boulder, for respondent.


Justice SCOTT delivered the Opinion of the Court.

In this appeal we are called upon to determine whether a criminal defendant who exhausts all of his peremptory challenges and uses one of those challenges to exclude a juror the trial court erroneously failed to excuse for bias is unduly prejudiced and, on conviction, entitled to a new trial. We conclude that he is. Accordingly, we affirm the court of appeals opinion reversing the jury verdict and granting a new trial...

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