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STATE EX REL. SCHIFF v. MADRID

No. 15290.

679 P.2d 821 (1984)

101 N.M. 153

STATE of New Mexico, ex rel. Steven H. SCHIFF, District Attorney for the Second Judicial District, Petitioner, v. Honorable Patricia A. MADRID, as District Judge for the Second Judicial District, Respondent.

Supreme Court of New Mexico.

April 11, 1984.

Attorney(s) appearing for the Case

Steven H. Schiff, Dist. Atty., George Z. Guzowski, Asst. Dist. Atty., Albuquerque, for petitioner.

Freedman, Boyd & Daniels, Charles W. Daniels, Albuquerque, for respondent.

OPINION

RIORDAN, Justice.

District Attorney Steven H. Schiff (Schiff) filed a petition in this Court for a writ of prohibition against District Judge Patricia Madrid (Judge Madrid), stating that Judge Madrid acted in excess of her authority in modifying NMSA 1978, UJI Crim. 50.06 (Repl.Pamp. 1982) as she did in the trial below. The trial resulted in a mistrial when the jury was unable to reach a verdict, and the case is to be retried.

We issued an...

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