Peo v. Black
22CA0011
Colo. Ct. App.May 29, 2025Background
- Jeremy Black was convicted of multiple sex crimes against his stepdaughter, based on allegations of abuse starting when she was six or seven and disclosed at age fourteen.
- During jury selection, Juror R expressed in his written questionnaire and oral questioning a strong bias in favor of child sexual assault victims, influenced by his sister’s childhood experience.
- Juror R repeatedly stated his instinct was to believe children, especially those the victim’s age, and admitted his sister’s experience would make him potentially unfair to Black.
- The trial court declined to excuse Juror R for cause, relying on supposed clarifying statements during general voir dire, though no further direct rehabilitation regarding his bias was made.
- The defense exhausted all peremptory challenges and Juror R sat on the jury that convicted Black.
- Black appealed, arguing violation of his right to a fair and impartial jury due to Juror R’s bias.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Denial of challenge for cause | Juror R could be impartial | Juror R clearly biased and not rehabilitated | Denial was error; reversal required |
| Rehabilitation effectiveness | Juror R’s equivocal statements and agreement with principles sufficed | No assurances Juror R could set aside bias; required rehabilitation absent | No proper rehabilitation; bias remained |
| Demeanor-based discretion | Court can consider demeanor | Court made no finding on demeanor/credibility in this context | Discretion not exercised based on demeanor |
| Advising on evidentiary issues | N/A (not at issue on remand) | N/A (not at issue on remand) | Not addressed on appeal |
Key Cases Cited
- People v. Blassingame, 2021 COA 11 (clarifies need for express assurance of juror impartiality after equivocal statements)
- People v. Fleischacker, 2013 COA 2 (commitment to try to set aside bias and belief in fairness sufficient to deny challenge for cause)
- People v. Maestas, 2014 COA 139M (trial court erred by not dismissing juror expressing inability to be fair and no rehabilitation)
- People v. Zurenko, 833 P.2d 794 (appellate court cannot assume impartiality if no attempt to determine juror's ability after bias indicated)