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STATE EX REL. ATTY. GEN. v. FIRST JUDICIAL

No. 13504.

629 P.2d 330 (1981)

96 N.M. 254

STATE of New Mexico, ex rel. ATTORNEY GENERAL, Petitioner, v. The FIRST JUDICIAL DISTRICT COURT OF NEW MEXICO, Respondent.

Supreme Court of New Mexico.

Rehearing Denied June 10, 1981.

Attorney(s) appearing for the Case

Jeff Bingaman, Atty. Gen., Art Encinias and Reese Fullerton, Asst. Attys. Gen., Santa Fe, for petitioner.

Jones, Gallegos, Snead & Wertheim, John Wentworth and Steven L. Tucker, Santa Fe, for Jimmy Urioste, Manuel F. Martinez and Ray Vallejos.

Ellen Pinnes, Santa Fe, for Antonio DeVargas.

Teel & Walker, John L. Walker, Albuquerque, for Herman R. Buzbee.

Mark H. Donatelli, Prison Defense Director, David Stafford, Asst. Public Defender, Santa Fe, for Richard Chapman and Michael Colby.

D'Angelo, McCarty & Vigil, Scott McCarty, Albuquerque, for respondents.

OPINION

RIORDAN, Justice.

At the request of the Attorney General we issued an alternative writ of superintending control in this cause. We also ordered a stay on all present proceedings involving the discovery of material in the possession of the Attorney General relating to the 1980 Penitentiary of New Mexico riot.

We have determined that the action by this Court on the writ of superintending control is premature insofar as it relates to any criminal...

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