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HOLMES v. DISTRICT COURT OF SUMMIT COUNTY

No. 83SA221.

668 P.2d 11 (1983)

James HOLMES and Travis Kellner, Petitioners, v. The DISTRICT COURT OF SUMMIT COUNTY, Colorado in the Fifth Judicial District, and The Honorable Richard H. Hart, one of the Judges thereof, Respondents.

Supreme Court of Colorado, En Banc.

August 29, 1983.

Attorney(s) appearing for the Case

Law Offices of Victor L. Abbo, Relda Fleshman, Boulder, Emerson B. Semple, Denver, for petitioners.

John F. Healy, Dist. Atty., Mark M. Myers, Deputy Dist. Atty., Breckenridge, for respondents.

NEIGHBORS, Justice.

This is an original proceeding filed pursuant to C.A.R. 21. The petitioners seek to prohibit the respondent district court from proceeding against them in two criminal cases which were commenced after the court granted the district attorney's request to file direct informations. The informations charge the petitioners with the identical crimes that were dismissed by the county court for lack of probable cause following a preliminary hearing. We...

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