Colorado v. Segovia

The majority holds that, because shoplifting is probative of truthfulness, the question posed by Palma's attorney to TL. was proper under CRE 608(b). Yet the majority's approach is flatly contrary to the plain language of Rule 608(b), which leaves to the "discretion of the [trial] court" whether a specific instance of conduct that is probative of truthfulness can be inquired into on cross-examination. The majority then compounds its error, in my view, by approving the manner in which the question was asked-that is, without warning to either the trial court or the prosecution. Finally, the…