Kutzly v. Colorado

William Kutzly was charged with several crimes involving sexual assault on a child. During his trial, the court qualified a social worker as an expert witness in child sexual assault and victim dynamics; the witness then testified. Prior to trial, Kutzly moved the trial court to hold a Shreck hearing to determine the reliability of the social worker’s proposed testimony. The trial court held a hearing on that motion, determined that the testimony was reliable, and ultimately denied the motion to hold a full evidentiary Shreck hearing on that issue. Kutzly argued on appeal to the Colorado Supreme Court that this was error. After review, the Supreme Court concluded the trial court made specific findings of reliability such that its decision not to hold a Shreck hearing was not an abuse of discretion. The Court therefore affirmed the court of appeals’ decision. View "Kutzly v. Colorado" on Justia Law