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PEOPLE v. DISTRICT COURT, ETC.

No. 82SA23.

647 P.2d 1206 (1982)

The PEOPLE of the State of Colorado, John F. Healy, District Attorney, Fifth Judicial District, and W. Terry Ruckriegle, Assistant District Attorney, Clear Creek County, Petitioners, v. The DISTRICT COURT OF the FIFTH JUDICIAL DISTRICT In and For the COUNTY OF CLEAR CREEK, State of Colorado, and The Honorable William L. Jones, one of the Judges thereof, Respondents.

Supreme Court of Colorado, En Banc.

Rehearing Denied July 26, 1982.

Attorney(s) appearing for the Case

John F. Healy, Dist. Atty., W. Terry Ruckriegle, Asst. Dist. Atty., Georgetown, for petitioners.

Stewart H. Brown, Vail, for respondents.

LOHR, Justice.

The People brought this original proceeding to challenge an order of the Clear Creek County District Court granting the motion of the defendant, Wayne Harold Buterbaugh, to suppress the videotape deposition of Kennette Ann Willmore. The trial court concluded that the deposition should be suppressed because Willmore was not a competent witness at the time the deposition was taken. We issued a rule to show cause, but now hold that the trial court's ruling...

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