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PEOPLE v. DISTRICT COURT OF STATE

Nos. 27963, 28017 and 28049.

586 P.2d 31 (1978)

The PEOPLE of the State of Colorado, By and Through their duly appointed representative, Frank G. E. Tucker, District Attorney, Petitioner, v. The DISTRICT COURT OF the STATE of Colorado, George E. Lohr, as one of the District Court Judges of the District Court, Respondent. Nolan L. BROWN, District Attorney In and For the First Judicial District, County of Jefferson, State of Colorado, Petitioner, v. The DISTRICT COURT IN AND FOR the FIRST JUDICIAL DISTRICT, State of Colorado, and the Honorable Michael C. Villano, one of the judges thereof, Respondents. The PEOPLE of the State of Colorado ex rel. Robert R. GALLAGHER, Jr., District Attorney for the Eighteenth Judicial District, State of Colorado, Petitioner, v. The DISTRICT COURT, IN AND FOR the EIGHTEENTH JUDICIAL DISTRICT, County of Arapahoe, State of Colorado, and the Honorable William B. Naugle, one of the judges thereof, Respondents.

Supreme Court of Colorado, En Banc.

October 23, 1978.

Attorney(s) appearing for the Case

Frank G. E. Tucker, Dist. Atty., Glenwood Springs, Robert L. Russel, Dist. Atty., Milton K. Blakey, Chief Deputy Dist. Atty., Colorado Springs, for petitioner in No. 27963.

Kenneth Dresner, Gunnison, Kevin O'Reilly, Glenwood Springs, for respondent in No. 27963.

Nolan L. Brown, Dist. Atty., Frank Mackey, III, Deputy Dist. Atty., Golden, for petitioner in No. 28017.

Gregory Walta, Colorado State Public Defender, Craig L. Truman, Chief Deputy State Public Defender, Norman R. Mueller, Deputy State Public Defender, Denver, for respondents in No. 28017.

Robert R. Gallagher, Jr., Dist. Atty., James C. Sell, Chief Deputy Dist. Atty., Littleton, for petitioner in No. 28049.

Kenneth K. Stuart, Littleton, Jane S. Hazen, Denver, for respondents in No. 28049.

ERICKSON, Justice.

Three different district court judges have held that the Colorado death penalty statute, section 16-11-103, C.R.S. 1973 (1976 Supp.), is unconstitutional. The prosecution, in all three cases, has sought review in these original proceedings. In each case, we issued a rule to show cause and now discharge the rule.

Ordinarily, an original proceeding is not available as a means for obtaining an interlocutory appeal. C.A.R. 21.1. Interlocutory...

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