The Colorado Court of Appeals has ruled that a trial judge erred in failing to dismiss a challenged juror who said he didn’t support diversity, but ultimately found the error was harmless since the juror was later removed via peremptory strike and no other biased jurors sat on the panel. 

Defendant Reginald Keith Clark, who was convicted for aggravated kidnapping and sexual assault, appealed on three grounds. He claimed the court erred by denying his challenge to remove “an allegedly biased prospective juror;” that the county court judge who received his verdict lacked the judicial authority to do so, and that a post-trial affidavit of jury deliberations constituted “extraneous prejudicial information.”