May 22, 2017

Colorado Supreme Court: Trial Court Erred in Admitting Non-expert Testimony on Sexual Predator Grooming

The Colorado Supreme Court issued its opinion in Romero v. People on Monday, May 1, 2017.

Criminal Law—Expert Testimony—Jury Access to Exhibits.

This case required the Colorado Supreme Court to address two issues it recently addressed in two other cases, People v. Jefferson, 2017 CO 35, and Venalonzo v. People, 2017 CO 9. Specifically, the court resolved (1) whether a trial court commits plain error when it fails to limit, sua sponte, a jury’s access to recorded statements during jury deliberations, and (2) whether a trial court abuses its discretion when it allows a police officer to testify as a lay witness about the concept of grooming in the context of sexual predation. The court held that a trial court does not commit plain error when it does not limit a jury’s access to recorded statements without an objection, and that a trial court abuses its discretion when it allows a witness to testify about grooming without qualifying that witness as an expert. The court therefore reversed defendant’s convictions and remanded the case for a new trial.

Summary provided courtesy of The Colorado Lawyer.

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