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KINNEY v. PEOPLE

No. 06SC521.

187 P.3d 548 (2008)

James KINNEY, Petitioner v. The PEOPLE of the State of Colorado, Respondent.

Supreme Court of Colorado, En Banc.

June 30, 2008.

Attorney(s) appearing for the Case

Douglas K. Wilson, Colorado State Public Defender Andrea R. Manning, Deputy State Public Defender Denver, Colorado, Attorneys for Petitioner.

John W. Suthers, Attorney General Katherine A. Hansen, Assistant Attorney General Denver, Colorado, Attorneys for Respondent

Chief Justice MULLARKEY delivered the Opinion of the Court.

I. Introduction

In this case, we consider whether the court of appeals erred in People v. Kinney, 148 P.3d 318 (Colo.App.2006), when it upheld the trial court's admission under CRE 404(b) of testimony concerning two previous sexual assaults by the defendant James Kinney and the trial court's refusal to inform the jury that Kinney had been tried and acquitted...

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