Campbell V. People

We granted certiorari to review the court of appeals decisions in two separate cases, consolidated here, against the same defendant, Earl William Campbell, on the admissibility of expert testimony concerning the reliability of eyewitness identification. In People v. Campbell, 785 P.2d 153 (Colo. App. 1989), the court reversed the defendant's conviction on grounds not before us*fn1 and remanded the case back to the trial court with directions. Because the admissibility of the proffered expert testimony on eyewitness identification was likely to arise at retrial, the court addressed this issue and concluded that the trial court did not err by excluding such testimony. In People v. Campbell, 785 P.2d 153 (Colo. App. Nov. 30, 1989) (not selected for publication), the court reached the same conclusion and affirmed the defendant's judgment of conviction. We reverse the court of appeals holding and remand with directions on this issue in People v. Campbell, 785 P.2d 153 (Colo. App. 1989), and remand with directions to vacate the judgment and return to the trial court in People v. Campbell, 785 P.2d 153 (Colo. App. Nov. 30, 1989).