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PEOPLE EX REL. WYSE v. DISTRICT COURT, TWENTIETH J.D.

No. 25643.

503 P.2d 154 (1972)

The PEOPLE of the State of Colorado ex rel. Fred C. WYSE, Acting Warden, Colorado State Penitentiary, Canon City, Colorado, Petitioner, v. The DISTRICT COURT IN AND FOR the TWENTIETH JUDICIAL DISTRICT and the Honorable John B. Barnard, a Judge Thereof, Respondents.

Supreme Court of Colorado, En Banc.

Rehearing Denied December 4, 1972.

Attorney(s) appearing for the Case

Rollie R. Rogers, Colo. State Public Defender, Denver, J. D. MacFarlane, Chief Deputy State Public Defender, William D. Neighbors, Asst. State Public Defender, William R. Gray, Deputy State Public Defender, Boulder, for respondents.

ERICKSON, Justice.

This original proceeding was initiated by the district attorney, seeking to prevent the Boulder district court and the Honorable John B. Barnard, a judge thereof, from proceeding further in a habeas corpus proceeding. The habeas corpus petition was identical to a motion for relief under Crim.P. 35(b) that had been denied by Judge Rex Scott of the same district court. We issued a rule to show cause.

The record reflects a blatant case of judge...

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