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BRESNAHAN v. LUBY

No. 22397.

418 P.2d 171 (1966)

William James BRESNAHAN, Jr., and Edward L. Wood as Court Appointed Guardian Ad Litem of William James Bresnahan, Jr., Petitioners, v. William H. LUBY, District Judge of the Fifth Judicial District, State of Colorado, Respondent.

Supreme Court of Colorado, En Banc.

As Modified on Denial of Rehearing October 3, 1966.

Attorney(s) appearing for the Case

Edward L. Wood, Denver, John L. Kane, Jr., Brighton, for petitioners.

Zarlengo, Zarlengo, Seavy & Mulligan, Denver, for respondent.

MOORE, Justice.

This is an original proceeding in which petitioners above named secured a rule, directed to the respondent, to show cause why he should not be disqualified to hear and determine the questions raised by one William James Bresnahan, Jr. in motions filed by him under Rule 35(b), Colo.R.Crim. P.

Bresnahan, who was sixteen years of age, entered a plea of guilty to murder of the first degree in two separate informations filed in the court over which...

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