PEOPLE v. WILKERSON

No. 04SA362.

114 P.3d 874 (2005)

In re The PEOPLE of the State of Colorado, Plaintiff, v. Victoria WILKERSON, Defendant.

Supreme Court of Colorado, En Banc.

June 27, 2005.


Attorney(s) appearing for the Case

Carol Chambers, District Attorney, Daniel D. Plattner, Deputy District Attorney, Centennial, for Plaintiff.

David S. Kaplan, Colorado State Public Defender, Justin Bogin, Deputy State Public Defender, Englewood, for Defendant.


Justice COATS delivered the Opinion of the Court.

Wilkerson, who is the defendant in a prosecution for attempted murder, petitioned for relief pursuant to C.A.R. 21, from a pre-trial order of the district court excluding testimony offered by her expert witness. The district court barred the witness from giving his opinion, pursuant to CRE 702, that it was more likely than not that Wilkerson shot the victim accidentally. This court issued its rule to show cause why...

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