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CITY OF ENGLEWOOD v. MUNICIPAL COURT

No. 83CA1283.

687 P.2d 521 (1984)

The CITY OF ENGLEWOOD, by and on Behalf of the PEOPLE of the State of Colorado, Plaintiff-Appellant, v. MUNICIPAL COURT IN AND FOR the CITY OF ENGLEWOOD, Colorado; Honorable Louis Parkinson, Judge of said Court; and Lawrence Michael Kubacki, a defendant whose trial is now pending before the Court, Defendants-Appellees.

Colorado Court of Appeals, Div. III.

August 9, 1984.

Attorney(s) appearing for the Case

Rick DeWitt, City Atty., Charles C. Grimm, Asst. City Atty., Englewood, for plaintiff-appellant City of Englewood.

Banta, Hoyt, Banta, Greene, Hannen & Everall, Richard D. Greene, Wade H. Gateley, Englewood, for defendants-appellees Municipal Court and The Honorable Louis Parkinson.

Patrick Kowaleski, Claybourne M. Douglas, Aurora, for amicus curiae, City of Aurora.

METZGER, Judge.

After hearing, the Englewood Municipal Court granted defendant Kubacki's motion pursuant to C.M.C.R. 216(b) for pretrial discovery of the written statement of the City's witness in a shoplifting prosecution. In a C.R.C.P. 106 review, seeking prohibition, the district court affirmed, holding that the municipal court did not abuse its discretion. The City of Englewood appeals, contending that C.M.C.R. 216(b) precludes such discovery and that the municipal...

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