People v. Shreck

Supreme Court of Colorado · 2001 · Evidence

22 P.3d 68 (Colo. 2001)

Updated August 22, 2026

EvidenceScientific evidenceExpert testimonyDNA evidenceCRE 702CRE 403FryeDaubert

Facts

The CBI tested rape kit samples from a 1990 sexual assault using several PCR-based DNA tests and compared them to the defendant's blood samples. Later, the CBI used Profiler Plus and Cofiler kits, which employed a combination sixplex and nineplex STR multiplex system, and concluded that the defendant could not be excluded as a contributor, with a random-match exclusion probability of one in 5.3 quadrillion. The defendant moved to exclude the DNA evidence, arguing that PCR, STR multiplex testing, and related handling and statistical methods were not generally accepted. The trial court found PCR and some STR methods generally accepted, but excluded evidence from the sixplex/nineplex multiplex kits.

Issue

Whether Colorado courts should use Frye or CRE 702 to determine the admissibility of scientific evidence, and whether DNA evidence derived from the PCR-based STR multiplex kits used here was admissible under the proper standard. More specifically, the court had to decide whether the sixplex and nineplex multiplex testing was sufficiently reliable and relevant to be admitted.

Rule

In Colorado, CRE 702, not Frye, governs the admissibility of scientific evidence. The trial court must determine whether the proffered evidence is reliable and relevant by assessing (1) the reliability of the scientific principles, (2) the qualifications of the witness, and (3) the usefulness of the testimony to the jury; the inquiry is broad, case-specific, and based on the totality of the circumstances, and the court may consider but need not apply Daubert factors. The court must also conduct CRE 403 balancing and make specific findings on the record under both CRE 702 and CRE 403.

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One of 10 multiple-choice questions for this case. Pick an answer to see why.

In a felony assault trial in Denver, the prosecution offers expert testimony based on a newly developed blood-pattern imaging technique. After a hearing, the judge excludes the testimony solely because the technique has not yet achieved general acceptance in the relevant scientific community.

Under Colorado law as articulated by the majority opinion, which is the best assessment of the ruling?

Explanation. The majority held that CRE 702, rather than Frye, governs admissibility of scientific evidence in Colorado. The trial court must assess reliability and relevance by examining the reliability of the scientific principles, the qualifications of the witness, and the usefulness of the testimony to the jury, using a broad totality-of-the-circumstances inquiry. General acceptance may be considered, but it is not the controlling or exclusive test.