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MORRISON v. PEOPLE

No. 99SC306.

19 P.3d 668 (2000)

Cory MORRISON, Petitioner, v. The PEOPLE of the State of Colorado, Respondent.

Supreme Court of Colorado, En Banc.

Rehearing Denied July 24, 2000.

Attorney(s) appearing for the Case

David S. Kaplan, Colorado State Public Defender, Alan M. Kratz, Deputy State Public Defender, Denver, Colorado, Attorneys for Petitioner.

Ken Salazar, Attorney General, Barbara McDonnell, Chief Deputy Attorney General, Alan J. Gilbert, Solicitor General, Steven O. Sims, First Assistant Attorney General, Laurie A. Booras, Assistant Attorney General, Appellate Division, Denver, Colorado, Attorneys for Respondent.

Justice MARTINEZ delivered the Opinion of the Court.

We are called upon to review the court of appeals' decision in People v. Morrison, 985 P.2d 1 (Colo.App.1999). The court held that a defendant is not entitled to a new trial if he exhausts his peremptory challenges but does not exercise a peremptory challenge on a juror who he originally challenged for cause.1

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