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NIEMAND v. DIST. CT. IN & FOR CTY. OF JEFFERSON

No. 83SA455.

684 P.2d 931 (1984)

Joachim Friedrich NIEMAND, Petitioner, v. DISTRICT COURT IN AND FOR the COUNTY OF JEFFERSON, FIRST JUDICIAL DISTRICT, and the Honorable Winston Wolvington, one of the Judges thereof, Respondents.

Supreme Court of Colorado, En Banc.

July 16, 1984.

Attorney(s) appearing for the Case

David F. Vela, Colorado State Public Defender, Jane A. Harden, Deputy State Public Defender, Golden, for petitioner.

Nolan L. Brown, Dist. Atty., John E. Byron, Sr. Deputy Dist. Atty., Charles B. McCrory, Jr., Deputy Dist. Atty., Golden, for respondents.

ROVIRA, Justice.

Joachim F. Niemand, petitioner, brought this original proceeding for relief in the nature of prohibition pursuant to C.A.R. 21, claiming that his constitutional right not to be placed twice in jeopardy for the crime of first-degree murder had been denied. We issued a rule to show cause and now make the rule absolute.

I.

Niemand was charged with and tried on two counts of first-degree murder and two counts of violent crime arising...

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