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PEOPLE v. SHRECK

No. 00SA105.

22 P.3d 68 (2001)

In re the PEOPLE of the State of Colorado, Plaintiff, v. Michael Eugene SHRECK, Defendant.

Supreme Court of Colorado, En Banc.

As Modified May 14, 2001.

Attorney(s) appearing for the Case

Ann B. Tomsic, Special Prosecutor, Arapahoe County District Attorney's Office, Englewood, CO, Attorney for Plaintiff.

David Kaplan, Colorado State Public Defender, Steven K. Jacobson, Deputy State Public Defender, Kristin Johnson, Deputy State Public Defender, Boulder, CO, Attorneys for Defendant.

Ken Salazar, Attorney General, Deborah Isenberg Pratt, Assistant Attorney General, Denver, CO, Attorneys for Amicus Curiae in Support of Plaintiff.

Justice RICE delivered the Opinion of the Court.

The prosecution in this case initiated this original proceeding pursuant to C.A.R. 21, seeking relief from a trial court order granting the defendant's motion to bar DNA evidence. The trial court held that under Frye v. United States, 293 F. 1013, 1014 (D.C.Cir. 1923), the multiplex technique employed by the commercial testing kits used by the Colorado Bureau of Investigation ("CBI") in 1999 was not yet generally...

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