April 30, 2017

Archives for February 7, 2017

Colorado Supreme Court: Announcement Sheet, 2/6/2017

On Monday, February 6, 2017, the Colorado Supreme Court issued five published opinions.

People v. Ramos

People v. Molina

People v. Cox

Venalonzo v. People

Marsh v. People

Summaries of these cases are forthcoming.

Neither State Judicial nor the Colorado Bar Association provides case summaries for unpublished appellate opinions. The case announcement sheet is available here.

Colorado Supreme Court: Testimony that Could Not Be Offered Without Specialized Knowledge is Expert Testimony

The Colorado Supreme Court issued its opinion in Venalonzo v. People on Monday, February 6, 2017.

 Criminal Trials—Evidence.

In this case, the Colorado Supreme Court considered the admissibility of testimony under  CRE 701 and 702. The court held that in determining whether  testimony is lay testimony under CRE 701 or expert testimony under CRE 702, trial  courts must look to the basis for the opinion. If the witness provides testimony that could be expected to be based on an ordinary person’s experiences or knowledge, then the witness is offering lay testimony. If, on the other hand, the witness provides testimony that could not be offered without specialized experiences, knowledge, or training, then the witness is offering expert testimony. Applying that rule in this case, the court concluded that some portions of a forensic interviewer’s testimony were admissible as lay opinion but that others were inadmissible expert testimony in the guise of lay opinion. The court also addressed the admissibility of testimony under CRE 608(a) and concluded that some of the interviewer’s and the victim’s mother’s testimony was inadmissible under CRE 608(a) as it improperly bolstered the credibility of the child victims.

Summary provided courtesy of The Colorado Lawyer.

Colorado Supreme Court: Officer who Testified About Blood Transfer Should Have Been Qualified as Expert

The Colorado Supreme Court issued its opinion in People v. Ramos on Monday, February 6, 2017.

Criminal Law—Expert Testimony.

This case, like the recently announced case Venalonzo v. People, 2016 CO 9, required the Supreme Court to address the difference between lay and expert testimony. Specifically, it required the court to resolve one issue—whether an ordinary person would be able to differentiate reliably between blood castoff (i.e., blood droplets from waving a hand around) and blood transfer (i.e., blood transferred by physical contact). Applying the test announced in Venalonzo, the court held that an ordinary person would not be able to testify reliably about the difference between blood cast-off and blood transfer. Therefore, the court affirmed the court of appeals’ holding that the trial court abused its discretion by not qualifying the police detective’s blood testimony as expert testimony.

Summary provided courtesy of The Colorado Lawyer.

Tenth Circuit: Unpublished Opinions, 2/6/2017

On Monday, February 6, 2017, the Tenth Circuit Court of Appeals issued three published opinions and three unpublished opinions.

Fogle v. Palomino

Atkins v. Lind

Doran Law Office v. Stonehouse Rentals, Inc.

Case summaries are not provided for unpublished opinions. However, some published opinions are summarized and provided by Legal Connection.