August 23, 2019

Colorado Supreme Court: Investigators’ Opinions of Witness Truthfulness Admitted to Explain Interrogation Tactics, Not as Opinion on Credibility

The Colorado Court of Appeals issued its opinion in Davis v. People on Monday, September 9, 2013.

Criminal Law—Admissibility of Evidence—Witness Credibility.

The Supreme Court considered whether law enforcement officials may testify about their perception of a witness’s credibility during an investigative interview. The Court held that such testimony is admissible when it is offered to provide context for the interrogation tactics and investigative decisions of law enforcement officials. Because this holding is dispositive as to all of the testimony at issue in the case, it is unnecessary for the Court to reach the question of whether an opening statement can open the door to otherwise inadmissible or irrelevant evidence.

Summary and full case available here.

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