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BUZBEE v. DONNELLY

Nos. 13783, 13789.

634 P.2d 1244 (1981)

96 N.M. 692

Richard BUZBEE, Reggie D. Bell, and Richard Chapman, Petitioner and Intervenors, v. Hon. Thomas A. DONNELLY, Hon. Lorenzo F. Garcia, Hon. Bruce E. Kaufman, District Judges, Respondents. STATE of New Mexico, Plaintiff-Appellee, v. Richard Nave CHAPMAN, et al., and Narciso Telles Flores, et al., Defendants-Appellants.

Supreme Court of New Mexico.

Rehearing Denied October 23, 1981.

Attorney(s) appearing for the Case

Jeff Bingaman, Atty. Gen., Charles Baldonado, Deputy Sp. Prosecutor, Santa Fe, for plaintiff-appellee.

John Bigelow, Public Defender, Martha A. Daly, Asst. Appellate Defender, Mark Donatelli, Penitentiary Defense Director, Richard A. Winterbottom, Asst. Public Defender, Santa Fe, for petitioners Chapman & Flores.

Bruce J. MacAllister, Santa Fe, for appellant Sandoval.

William G. Walker, Albuquerque, for appellant Chavez.

Charles Driscoll, Albuquerque, for appellants Casaus & Sandoval.

John L. Walker, Albuquerque, for petitioner Buzbee.

Ellen Pines, Santa Fe, Garvin A. Isaacs, Oklahoma City, Okl., for appellant Colby.

Narciso Garcia, Jr., Albuquerque, for petitioner Bell.

C. Richard Baker, Chief Sp. Prosecutor, Charles Baldonado, Deputy Sp. Prosecutor, Theodore E. Lauer, Asst. Sp. Prosecutor, Santa Fe, for respondent District Judges.

Jeff Bingaman, Atty. Gen., Carol Jean Vigil, Heidi Topp Brooks, Asst. Attys. Gen., Santa Fe, for amicus curiae.

OPINION

EASLEY, Chief Justice.

Decisions in five cases that came to us on interlocutory appeals and prerogative writs are consolidated in this opinion. Eight defendants are charged with ten counts of first-degree murder that occurred during the New Mexico State Penitentiary riot of February 1980, in which a total of thirty-three persons were killed.

In all cases, the defendants moved to dismiss the indictments, claiming that the prosecutors knowingly...

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