Supreme Court of Colorado

The People of the State of Colorado, Petitioner v. Tember Terri Rector, Respondent

March 14, 2011248 P.3d 1196

Summary

The court reversed the court of appeals and upheld the trial court's handling of the expert testimony. It held that Rector's generalized pretrial motion, which specifically challenged only anticipated shaken-baby-syndrome testimony by another physician, did not require a reliability analysis or evidentiary hearing concerning Dr. Sirotnak's medical-child-abuse testimony. The court also held that Rector waived her challenge to that testimony and the jury instructions, and that admission of the testimony did not constitute plain error because it did not determine the legal elements of the offense or usurp the jury's role.