The Colorado Court of Appeals says people cannot be excluded from a jury just because they look or act Hispanic.
In a ruling handed down on Thursday, the court said Russel Kelim deserves a court review of his case after he was convicted of assault, resisting arrest and other charges.
Prosecutors say they did not discriminate when they excluded two people of possible Hispanic origin because they believed two other jurors were Hispanic. The public defender says he did not believe two other jurors were Hispanic because one woman had blonde hair and light-colored eyes and the other appeared to be Italian.
The appeals court said several steps were not followed to determine if there was racial discrimination, including whether there was a pattern of discrimination and improper juror questioning.