DE BACA v. DISTRICT COURT

No. 23094.

431 P.2d 763 (1967)

Isaac C. DE BACA, Petitioner, v. DISTRICT COURT IN AND FOR the CITY AND COUNTY OF DENVER, and the Judges Thereof, and the Honorable James C. Flanigan, Respondents.

Supreme Court of Colorado, En Banc.

September 18, 1967.


Attorney(s) appearing for the Case

Isaac C. De Baca, pro se.

Joseph R. Marranzino, Denver, for respondents.


PRINGLE, Justice.

The petitioner De Baca sought a writ of mandamus from this Court requiring respondent, Honorable James C. Flanigan, as a judge of the District Court of the City and County of Denver, to grant him an evidentiary hearing in a post-conviction remedy proceeding. We issued a rule upon the respondent to show cause why such a hearing should not be ordered.

In the trial court, petitioner filed a petition under Colo.R.Crim.P. 35(b) to set aside a...

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