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PEOPLE v. GAFFNEY

No. 87SC404.

769 P.2d 1081 (1989)

The PEOPLE of the State of Colorado, Petitioner, v. Phillip S. GAFFNEY, Respondent.

Supreme Court of Colorado, En Banc.

As Modified on Denial of Rehearing March 13, 1989.

Attorney(s) appearing for the Case

Duane Woodard, Atty. Gen., Charles B. Howe, Chief Deputy Atty. Gen., Richard H. Forman, Sol. Gen., Cynthia D. Jones, Asst. Atty. Gen., Denver, for petitioner.

David Hofer, Lakewood, for respondent.

QUINN, Chief Justice.

We granted certiorari to review the unpublished decision of the court of appeals in Gaffney v. People, No. 86CA0441 (Sept. 10, 1987), which reversed the conviction of the defendant, Phillip S. Gaffney, for sexual crimes and remanded the case for a new trial. The court of appeals ruled that a pediatrician's statement that the medical history given by the child-victim was "very believable" constituted impermissible opinion testimony on the...

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