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SOBER v. DISTRICT COURT IN AND FOR SECOND JUDICIAL DISTRICT

No. 28447.

592 P.2d 400 (1979)

Gary R. SOBER, Petitioner, v. The DISTRICT COURT IN AND FOR the SECOND JUDICIAL DISTRICT and State of Colorado and Gilbert Alexander, one of the Judges Thereof, Respondents.

Supreme Court of Colorado, En Banc.

As Modified On Denial of Rehearing April 9, 1979.

Attorney(s) appearing for the Case

J. Gregory Walta, Colorado State Public Defender, Craig L. Truman, Chief Deputy State Public Defender, Norman R. Mueller, Richard L. Davis, Deputy State Public Defenders, Denver, for petitioner.

Dale Tooley, Dist. Atty., Brooke Wunnicke, Chief Appellate Deputy Dist. Atty., Denver, for respondents.

PRINGLE, Justice.

In this original proceeding, the petitioner Gary R. Sober seeks a writ in the nature of mandamus directing the respondent judge to grant petitioner's motion to disqualify himself, filed pursuant to 16-6-201, C.R.S. 1973. We issued a rule to show cause, and we now discharge that rule.

The petitioner avers that certain statements made by the respondent demonstrate a bias or prejudice against the petitioner such that his right to a fair and...

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