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BROOKS v. PEOPLE

No. 97SC758.

975 P.2d 1105 (1999)

Dwayne BROOKS, Petitioner, v. The PEOPLE of the State of Colorado, Respondent.

Supreme Court of Colorado, En Banc.

As Modified on Denial of Rehearing April 12, 1999.

Attorney(s) appearing for the Case

David F. Vela, Colorado State Public Defender, Karen N. Taylor, Deputy State Public Defender, Denver, for Petitioner.

Ken Salazar, Attorney General, Barbara McDonnell, Chief Deputy Attorney General, Michael E. McLachlan, Solicitor General, Roger G. Billotte, Assistant Attorney General Criminal Enforcement Section, Denver, for Respondent.

Wells, Anderson & Race LLC, Mary A. Wells, L. Michael Brooks, Jr., Denver, Colorado, The Product Liability Advisory Council, Inc., Hugh F. Young, Jr., Reston, Virginia, Attorneys for Amicus Curiae, The Product Liability Advisory Council, Inc.

Justice MARTINEZ delivered the Opinion of the Court.

In this case, we consider the admissibility of expert testimony describing the scent tracking and purported identification of a criminal defendant by a trained police bloodhound. Specifically, we determine whether the "general acceptance" standard embodied in Frye v. United States, 293 F. 1013 (D.C.Cir.1923), or the scientific validation factors enumerated by the U.S. Supreme Court in Daubert v. Merrell...

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