Supreme Court of Colorado
The People of the State of Colorado, Petitioner v. Simon Kubuugu, Respondent.
January 28, 2019433 P.3d 1214
Summary
The court held that the trial court abused its discretion by admitting a police officer's specialized testimony about detecting metabolized alcohol and inferring how much alcohol the defendant consumed and when he consumed it. Because that testimony was the only evidence directly contradicting the defendant's account that he began drinking after parking, the error substantially influenced the verdict and was not harmless. The court therefore affirmed the court of appeals' reversal of the convictions for child abuse, driving while ability impaired, and reckless driving.