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McCORMICK v. FRANCOEUR

No. 14815.

673 P.2d 1293 (1983)

100 N.M. 560

Michael F. McCORMICK, District Attorney, Petitioner-Appellee, v. Hon. Patrick J. FRANCOEUR, Magistrate Judge, Division II, Respondent-Appellant.

Supreme Court of New Mexico.

October 6, 1983.

Attorney(s) appearing for the Case

Templeman & Crutchfield, C. Barry Crutchfield, Lovington, for respondent-appellant.

Paul G. Bardacke, Atty. Gen., Anthony Tupler, Asst. Atty. Gen., Santa Fe, for petitioner-appellee.

OPINION

RIORDAN, Justice.

District Attorney Michael F. McCormick (McCormick) petitioned the district court of Lea County, New Mexico, for a writ of prohibition or for a writ of superintending control to direct Magistrate Judge Patrick J. Francoeur (Magistrate Francoeur), now District Judge Francoeur, to proceed with a probable cause hearing against Defendant Jimmy Backus (Defendant), and to prevent Magistrate Francoeur from ordering the State of New Mexico...

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