expert witness
-
Colorado justices to hear cases on defendant who blamed mom, car rental companies as insurers
—
by
The Colorado Supreme Court announced last week that it will analyze whether a person can be convicted of attempting to influence a public servant when they enlist another party to perform the deceit, and whether vehicle rental companies can be held legally liable as insurers when they choose to offer insurance policies. At least three…
-
Colorado Supreme Court rules technical oversight does not imperil Denver murder conviction
—
by
The Colorado Supreme Court decided on Monday that no specific procedure is required to designate a witness as an expert at trial, and the fact that a trial judge neglected to do so in front of the jury did not warrant reversal of a man’s murder conviction. Denver jurors convicted Pete Paul Martinez of stabbing 77-year-old Lewis Easterday to…
-
Technical oversight or key error? Colorado justices weigh reversal of Denver murder conviction
—
by
The Colorado Supreme Court appeared doubtful on Tuesday that the failure to formally designate a witness as an expert in front of the jury rose to the level of mistake that would require a new murder trial for the defendant. Denver jurors convicted Pete Paul Martinez of stabbing 77-year-old Lewis Easterday to death near Cheesman Park in 2016. Martinez…
-
Colorado justices to examine whether defendants must reveal evidence in postconviction challenges
—
by
The Colorado Supreme Court signaled last week that it will address whether judges have the authority to make defendants who are challenging their convictions disclose details to the prosecution about what their expert witnesses will say. In contrast to direct appeals of criminal convictions, defendants may pursue postconviction relief in the trial courts for limited…
-
Appeals judge warns about ‘inflammatory’ medical terminology in child abuse cases
—
by
One member of Colorado’s second-highest court suggested last month that certain medical terminology deeming a child’s injuries “abusive” or “nonaccidental” may improperly lead jurors to convict defendants of knowingly committing child abuse. A three-judge panel of the Court of Appeals upheld the El Paso County child abuse convictions of Susan Trahan Bergeron, who is serving 10…
-
Divided Colorado appeals court upholds sex abuse convictions despite problematic testimony
—
by
By 2-1, Colorado’s second-highest court on Thursday upheld a man’s child sex assault convictions despite an expert witness vouching for the credibility of the victims – which is typically improper. A three-judge panel for the Court of Appeals agreed Gustavo Lopez “opened the door” to the problematic evidence by suggesting his child victims had been…
-
Divided Colorado appeals court upholds sex abuse convictions despite problematic testimony
—
by
By 2-1, Colorado’s second-highest court on Thursday upheld a man’s child sex assault convictions despite an expert witness vouching for the credibility of the victims — which is typically improper. A three-judge panel for the Court of Appeals agreed Gustavo Lopez “opened the door” to the problematic evidence by suggesting his child victims had been…
-
Divided Colorado appeals court upholds sex abuse convictions despite problematic testimony
—
by
By 2-1, Colorado’s second-highest court on Thursday upheld a man’s child sex assault convictions despite an expert witness vouching for the credibility of the victims — which is typically improper. A three-judge panel for the Court of Appeals agreed Gustavo Lopez “opened the door” to the problematic evidence by suggesting his child victims had been…
-
10th Circuit finds no issue with pro-police robocall mysteriously played during criminal trial
—
by
The federal appeals court based in Denver declined last month to overturn a defendant’s drug conviction on account of a bizarre announcement that played over the speakers mid-trial warning about “criminals” who want to “defund the police.” A three-judge panel of the U.S. Court of Appeals for the 10th Circuit also refused to order a…
-
Denver sex assault verdict reversed after expert vouched for victim’s credibility
—
by
Colorado’s second-highest court reversed a defendant’s child sex assault convictions earlier this month because an expert witness, who had no connection to the specific case, effectively told jurors the victim’s explanations were true. In child sex assault cases, a generalized, or “blind,” expert may testify about how alleged victims react to and disclose incidents of…
