State v. Maestas

DURHAM, Chief Justice:

¶ 1 We granted Gino Maestas’s petitions for interlocutory appeal from two pre-trial orders. The first order denied Maestas’s motion to present expert testimony concerning eyewitness identification. The second concerned a previous trial on the same charges in which Maestas had been convicted of aggravated robbery, but his convictions were reversed on appeal. The district court granted the state’s motion to introduce in the second trial Maestas’s statements from his presentence report and his allocution from the first trial.

¶ 2 The following opinion is divided. As to the…