[Download] "Yeck v. Industrial Claim Appeals Office" by Colorado Court of Appeals " Book PDF Kindle ePub Free
eBook details
- Title: Yeck v. Industrial Claim Appeals Office
- Author : Colorado Court of Appeals
- Release Date : January 19, 1999
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 58 KB
Description
We granted certiorari in this case to review the court of appeals decision that the expert testimony of a certified pediatric nurse practitioner in a sexual assault case should not have been admitted by the trial court. The nurse described her findings as "suspicious" and testified that her conclusions were not based on a reasonable degree of medical certainty. After reviewing the cases on which the court of appeals based its decision, we find that the standards of admissibility set forth in those cases, including the requirement that expert medical testimony be offered with a reasonable degree of medical certainty or probability, predate the Colorado Rules of Evidence, which is the modern standard for determining the admissibility of expert testimony. Further, those cases are based on prior cases addressing sufficiency of evidence rather than admissibility of expert testimony. Applying the Colorado Rules of Evidence to this case, we find the nurses testimony is sufficiently reliable and relevant to be admissible.
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