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PEOPLE v. DISTRICT COURT IN & FOR COUNTY OF LARIMER

Nos. 26590, 26644.

531 P.2d 626 (1975)

The PEOPLE of the State of Colorado, By and Through their duly elected and appointed representatives, Stuart A. VanMEVEREN, District Attorney, and Loren B. Schall, Assistant District Attorney, Eighth Judicial District, State of Colorado, Petitioners, v. The DISTRICT COURT IN AND FOR the COUNTY OF LARIMER, State of Colorado, and the Honorable Conrad L. Ball, one of the judges thereof, Respondents. Frank Otto BELLMANN, Petitioner, v. The DISTRICT COURT IN AND FOR the COUNTY OF ARAPAHOE IN the EIGHTEENTH JUDICIAL DISTRICT and the Honorable Richard D. Greene, Judge thereof, Respondents.

Supreme Court of Colorado, En Banc.

February 3, 1975.

Attorney(s) appearing for the Case

Stuart A. VanMeveren, Dist. Atty., Loren B. Schall, Asst. Dist. Atty., Fort Collins, for petitioners, in No. 26590.

Rollie R. Rogers, Colorado State Public Defender, Denver, James F. Dumas, Jr., Chief Deputy State Public Defender, Edwin L. Felter, Jr., Douglas D. Piersel, Deputy State Public Defenders, Fort Collins, for respondents in No. 26590.

Tague, Goss, Schilken & Beem, P.C., P. Arthur Tague, Littleton, for petitioner in No. 26644.

Robert R. Gallagher, Jr., Dist. Atty., James F. Macrum, Jr., Chief Deputy Dist. Atty., Ethan D. Feldman, Deputy Dist. Atty., Littleton, for respondents in No. 26644.

ERICKSON, Justice.

These original proceedings require that we determine whether Crim.P. 16 II(b) and (c), which provide the prosecution with discovery rights in a criminal case, can withstand constitutional attack. The issue is framed in two separate cases which reflect different interpretations and rulings on the constitutionality of our rule. We have consolidated the cases for the purpose of this opinion. Subject to the...

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