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VIGIL v. REESE

No. 13845.

634 P.2d 1280 (1981)

96 N.M. 728

Leroy VIGIL, Lorenzo Chavez, Joe Richard Chavez, Joe Garcia and Moises Sandoval, Petitioners, v. N. Randolph REESE, District Judge, and Dolores Lujan, Clerk of the District Court of the First Judicial District, Respondents.

Supreme Court of New Mexico.

October 22, 1981.

Attorney(s) appearing for the Case

Mark Donatelli, Penitentiary Defense Director, Santa Fe, for petitioners.

Jeff Bingaman, Atty. Gen., Charlotte H. Roosen, Asst. Atty. Gen., Charles Baldonado, Asst. Dist. Atty., Santa Fe, for respondents.

OPINION

RIORDAN, Justice.

The defendants were indicted for first degree murder. The case was assigned for trial to District Judge Scarborough of the First Judicial District who was disqualified by the State of New Mexico. The case was then assigned for trial to District Judge Felter who was disqualified by petitioner Vigil. Both disqualifications were pursuant to Sections 38-3-9 and 38-3-10, N.M.S.A. 1978. Two days after the disqualification of Judge Felter...

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