CHURCH v. BOURNE

No. 25904.

512 P.2d 1157 (1973)

Brian Alan CHURCH, Petitioner-Appellee, v. James BOURNE et al., Respondents-Appellants.

Supreme Court of Colorado, En Banc.

July 30, 1973.


Attorney(s) appearing for the Case

J. Gregory Walta, Colorado Springs, for petitioner-appellee.

John P. Moore, Atty. Gen., John E. Bush, Deputy Atty. Gen., Richard G. McManus, Jr., Asst. Atty. Gen., Denver, for respondents-appellants.


PRINGLE, Chief Justice.

This case involves the question of right to participation of retained counsel at a preliminary hearing before a parole officer to determine whether probable cause existed to re-incarcerate the defendant for violation of a parole. The trial court held that under the peculiar circumstances of this case the parole officer should have permitted retained counsel, who was present, to participate in the proceedings.

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