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MORRIS v. SUTHERS

No. CIV.A. 97-M-2197.

246 F.Supp.2d 1120 (2001)

John MORRIS, Applicant, v. John SUTHERS, Executive Director, Colorado Department of Corrections and the Attorney General of the State of Colorado, Respondents.

United States District Court, D. Colorado.

April 17, 2001.

Attorney(s) appearing for the Case

Howard A. Pincus, Assistant Federal Public Defender, Denver, CO, for applicant.

Clemmie P. Engle, Assistant Attorney General, Denver, CO, for respondents.

MEMORANDUM OPINION AND ORDER

MATSCH, District Judge.

John Morris ("Mr.Morris") is serving a sentence of life in prison on the uncorroborated statements of a 12 year old boy that he was fondled during the early morning hours of January 31, 1992. Because the trial court excluded the relevant testimony of a qualified expert witness under circumstances that impugned the integrity of defense counsel in the eyes of the jury and restricted the cross-examination...

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