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TOLERTON v. DISTRICT COURT

No. 81SA67.

625 P.2d 1020 (1981)

Kenyon Battles TOLERTON, Petitioner, v. The DISTRICT COURT In and For the COUNTY OF ARAPAHOE and the Honorable Richard D. Greene, One of the Judges Thereof, Respondents.

Supreme Court of Colorado.

March 23, 1981.

Attorney(s) appearing for the Case

J. Gregory Walta, Colorado State Public Defender, Craig L. Truman, Chief, Deputy State Public Defender, Suzanne Saunders, Deborah S. Waldbaum, Deputy, State Public Defenders, Denver, for petitioner.

Robert R. Gallagher, Jr., Dist. Atty., Jon Hilton, James Sell, William Moody, Deputy Dist. Attys., Littleton, for respondents.

HODGES, Chief Justice.

The petitioner Tolerton is charged with murder in the first-degree in the respondent court. The district attorney has stated that he attends to death qualify the jury and seek the death penalty. The petitioner has filed motions challenging the constitutionality of Colorado's Death Penalty Statute. Section 16-11-401, et seq., C.R.S. 1973 (1980 Supp. to 1978 Repl. Vol. 8). Petitioner has also challenged the constitutionality of the death...

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