Legal Opinion
People v. Wilson
Colorado Court of Appeals
Decided May 23, 2013No. Court of Appeals No. 11CA0009PublishedCited by 14 opinions
1Opinion of the Court
Opinion by
JUDGE BERNARD
T1 This appeal raises two issues arising out of a sentencing hearing in a criminal case. First, is a court required to hold a hearing under People v. Shreck, 22 P.3d 68 (Colo.2001), before a fingerprint examiner testifies at a sentencing hearing, to determine whether expert testimony about fingerprint comparisons is admissible? We conclude, under the circumstances here, that (1) such a hearing was not required, and, alternatively, (2) any error in denying such a hearing was harmless.
2 Second, what burden of proof governs the factual sentencing question of whether a…
2Cases cited35 opinions
- Daubert v. Merrell Dow Pharmaceuticals, Inc.Supreme Court of the United States · 1993
- Blakely v. WashingtonSupreme Court of the United States · 2004
- Kumho Tire Co. v. CarmichaelSupreme Court of the United States · 1999
- Almendarez-Torres v. United StatesSupreme Court of the United States · 1998
- Davis v. MississippiSupreme Court of the United States · 1969
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3Cited by14 opinions
- People v. GwinnColorado Court of Appeals · 2018
- People v. CampbellColorado Court of Appeals · 2018
- People v. RailColorado Court of Appeals · 2016
- Vititoe v. Rocky Mountain Pavement Maint., Inc.Colorado Court of Appeals · 2015
- v. AmbroseColorado Court of Appeals · 2021
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