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PEOPLE v. DISTRICT COURT, IN & FOR SECOND JUD. DIST.

No. 26864.

538 P.2d 887 (1975)

The PEOPLE of the State of Colorado and Dale Tooley, District Attorney in and for the Second Judicial District, State of Colorado, Petitioners, v. The DISTRICT COURT, IN AND FOR the SECOND JUDICIAL DISTRICT, State of Colorado, the Honorable Robert E. McLean, District Judge thereof, Respondents.

Supreme Court of Colorado, En Banc.

July 21, 1975.

Attorney(s) appearing for the Case

Dale Tooley, Dist. Atty., O. Otto Moore, Asst. Dist. Atty., Brooke Wunnicke, Chief Appellate Deputy Dist. Atty., Denver, for petitioners.

Holm, Willis & Dill, P. C., Jon L. Holm, Denver, for respondents.

HODGES, Justice.

This is an original proceeding. The district attorney petitioned for a writ in the nature of mandamus and prohibition. It was therein urged that an order by the respondent district court disqualifying the district attorney and his staff from further participating as prosecutor in a pending criminal action be invalidated by this court. We issued a rule on the respondent district court to show cause why the relief requested should not be granted. A...

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