In Re the People of the State of Colorado v. Yrineo Salazar

Summary

Chief Justice Bender, dissenting, would uphold the trial court's admission of evidence that the victim's grandfather previously sexually assaulted his daughter. She reasoned that the evidence was relevant to the defendant's alternate-suspect theory and that the trial court acted within its discretion in finding that its probative value was not substantially outweighed by confusion, misleading effect, or unfair prejudice. The dissent rejects the majority's contrary assessment and emphasizes appellate deference to trial-court evidentiary rulings.