People v. Baker.
2021 CO 29. No.19SC975. Criminal Justice—Securities Regulation—Expert Witness Testimony.
May 10, 2021
In this prosecution for securities fraud and theft, the Supreme Court addressed whether the trial court erred in admitting the Colorado Division of Securities deputy commissioner’s expert testimony opining, among other things, that defendant’s alleged misstatements and omissions were material.
The Court concluded that the trial court erred in admitting the deputy commissioner’s testimony because she opined that certain disputed facts were true and her testimony involved weighing the evidence and making credibility determinations, which are matters solely within the jury’s province. The Court further concluded that the error in admitting this testimony was not harmless and thus constitutes reversible error.
Accordingly, the Court affirmed the judgment of the division below.