People v. Prator

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.

I

The facts are not in dispute. The defendant, Reo Shane Prator, was arrested and charged with second-degree murder.1 A jury trial was held in the district court of Mesa County.…