Legal Opinion · Concurring in part, dissenting in part

People v. Beauvais

Colorado Court of Appeals

Decided October 23, 2014No. Court of Appeals No. 13CA0665Published

1Concurring in part, dissenting in part

JUDGE BERNARD,

concurring in part, specially concurring in part, and dissenting in part.

¶ 26 I disagree with the majority’s conclusion that the trial court may have clearly erred when it denied defendant’s Batson challenge, and, as a result, that we should remand this case for further factual findings. I therefore respectfully dissent from that part of the majority’s opinion.

127 I also disagree with the majority’s decision to address defendant’s unpreserved facial constitutional challenge to the stalking statute. I therefore respectfully specially concur with that part of the majority’s…

2Cases cited37 opinions

  1. Miller-El v. CockrellSupreme Court of the United States · 2003
  2. Batson v. KentuckySupreme Court of the United States · 1986
  3. Wainwright v. WittSupreme Court of the United States · 1985
  4. Hernandez v. New YorkSupreme Court of the United States · 1991
  5. State v. GoldingSupreme Court of Connecticut · 1989

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