People v. Greer

Judge J. JONES

specially concurring.

I agree with the result reached by the majority. But I disagree with one aspect of the majority's decision: its refusal to address defendant's argument that the prosecution's failure to notify him before trial that Ann Smith would give expert testimony violated his constitutional right to due process. The majority explains its refusal to consider that issue primarily by citing Martinez v. People, 244 P.3d 185, 189 (Colo.2010), which in turn cites People v. Cagle, 751 P.2d 614 (Colo.1988); People v. McMurtry, 122 P.3d 287 (Colo.2005); and a civil case, for…