Ruibal v. Colorado

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George Ruibal appealed the court of appeals’ judgment affirming his conviction for second degree murder. Over defense objection and without taking evidence or making any findings as to reliability, the trial court admitted expert testimony to the effect that the victim’s injuries in this case demonstrated “overkill,” a formal term describing multiple injuries focused on one area of the victim’s body, which included blows about the head and face that were numerous and extensive, indicating that the assailant likely had either a real or perceived emotional attachment to the victim. Relying on case law from several other jurisdictions, a treatise dealing with related kinds of injuries, and the witness’s own experience with autopsies involving similar injuries, the court of appeals concluded that the expert opinion was sufficiently reliable and that the trial court had implicitly found as much by granting the prosecution’s proffer. The Colorado Supreme Court determined the trial court made no specific finding that overkill was supported by evidence in the record or already accepted in Colorado; this amounted to an abuse of discretion. However, there was overwhelming evidence of defendant’s guilt apart from the expert testimony, making the error harmless. The Court, therefore, affirmed the court of appeals. View "Ruibal v. Colorado" on Justia Law