Chapter 17 - § 17.6 • COUNSEL TESTIFYING — PERSONAL BELIEF

• Jurisdiction: Colorado

§ 17.6 • COUNSEL TESTIFYING — PERSONAL BELIEF

Colorado

➢ Ethics in Closing. Rule 3.4(e) of the Colorado Rules of Professional Conduct preclude counsel from "stating a personal opinion on the justness of a cause, the credibility of witnesses, or the liability of a party."
➢ Improper to State Personal Belief as to Veracity of Testimony. Attorneys may not state their personal opinions of the veracity of a witness. Domingo-Gomez v. People, 125 P.3d 1043 (Colo. 2005); Combined Commc'ns Corp. v. Pub. Serv, 865 P.2d 893, 900 (Colo. App. 1993). A lawyer may not state "all the witnesses I present to you, I presume they're telling the truth," as it improperly emphasizes the attorney's opinion on the veracity of the witnesses called. People v. Nardine, 409 P.3d 441, 452 (Colo. App. 2016).

➢ Counsel's Personal Belief Considered in Context. An attorney's statement of his or her personal belief as to the truthfulness of a witness's testimony must be considered in the context of the entire argument and curative instructions and not in isolation. People v. Raehal, 971 P.2d 256, 259 (Colo. App. 1998).

➢ Expressing Specialized Knowledge That Was Not in Evidence Is Improper. The district attorney suggested that the sexual assault victim's delayed report was "not an uncommon reaction among female sexual assault victims." People v. Nardine, 409 P.3d 441, 453 (Colo. App. 2016). In so doing, the district attorney provided the jury with specialized information that was not otherwise received in evidence pertaining to a social science that is not commonly known to laypersons. Id.

Federal

➢ Improper to State Personal Belief as to Veracity of Testimony. Attorneys may not state their personal opinions on the

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