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FISHBACK v. PEOPLE

No. 92SC68.

851 P.2d 884 (1993)

Jeffrey FISHBACK, Petitioner, v. The PEOPLE of the State of Colorado, Respondent.

Supreme Court of Colorado, En Banc.

Rehearing Denied May 17, 1993.

Attorney(s) appearing for the Case

Richard F. Thurston, Solomon L. Leftin, Denver, for petitioner.

Gale A. Norton, Atty. Gen., Raymond T. Slaughter, Chief Deputy Atty. Gen., Timothy M. Tymkovich, Sol. Gen., John Daniel Dailey, Deputy Atty. Gen., Robert Mark Russel, First Asst. Atty. Gen., Deborah Isenberg Pratt, Asst. Atty. Gen., Denver, for respondent.

Chief Justice ROVIRA delivered the Opinion of the Court.

We granted certiorari to review the decision of the Colorado Court of Appeals in People v. Fishback, 829 P.2d 489 (Colo. App.1991), affirming the trial court's admission of identification testimony based on a comparison of deoxyribonucleic acid (DNA) obtained from the defendant's blood with the DNA from a semen sample recovered from the victim. The admissibility of DNA...

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