People v. Martinez.

2024 CO 69. No. 23SC197. Expert Witness Testimony.

November 4, 2024

The Supreme Court granted certiorari to determine (1) whether testimony that otherwise meets the requirements of CRE 702 and People v. Shreck, 22 P.3d 68 (Colo. 2001), is rendered inadmissible because the witness was not formally offered and accepted as an expert during their testimony; and (2) whether it is plain error to admit expert testimony without a formal offer and acceptance when the record demonstrates that the requirements of CRE 702 and Shreck have been met.

The Court concluded that CRE 702 and applicable case law neither require nor prohibit a formal offer and acceptance of an expert. Accordingly, the lack of a formal tender and acceptance of the expert does not alone render expert testimony inadmissible, and such testimony is admissible if it otherwise complies with the requirements of CRE 702 and Shreck.

Applying these principles here, the Court further concluded that the trial court did not err, much less plainly err, in admitting the expert’s testimony in this case. The Court therefore reversed the judgment of the division below and remanded this case to allow the division to address the other issues that Martinez raised and that the division, in light of its determination, did not reach.