A divided court found that an error in jury selection entitles Theodore Israel Madrid, 42, to a new jury trial. Madrid wasand two counts of child abuse resulting in death for the killing of Caden Rogers on Jan. 4, 2011.
Justice Carlos Samour Jr., who initially handled the case as a district court judge, did not participate in the state Supreme Court’s deliberations. In a 5-1 ruling, the justices found that district court judges can only consider the original reasons given for dismissing a juror when reconsidering a case that has been appealed.
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