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CRAIG v. CARLSON

No. 06SC99.

161 P.3d 648 (2007)

Carla CRAIG and Dennis Craig, Petitioners v. Hillis G. CARLSON, M.D., Respondent.

Supreme Court of Colorado, En Banc.

June 25, 2007.

Attorney(s) appearing for the Case

Jim Leventhal, Benjamin Sachs, Leventhal, Brown & Puga, P.C., Denver, CO, Attorneys for Petitioners.

Craig A. Sargent, Johnson, McConaty & Sargent, P.C., Glendale, CO, Attorneys for Respondent.

Justice BENDER delivered the Opinion of the Court.

Introduction

Two judges were assigned to Petitioners Carla and Dennis Craig's medical malpractice case against Respondent Dr. Hillis Carlson. One judge conducted the trial ("trial court") and the other conducted the pre-trial and post-trial motions ("successor court"). During the course of jury selection, the Craigs objected that Carlson was exercising his peremptory challenges discriminatorily to remove...

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