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STATE EX REL. GESSWEIN v. GALVAN

No. 14783.

676 P.2d 1334 (1984)

100 N.M. 769

STATE, ex rel. Kyle W. GESSWEIN, Assistant District Attorney, Petitioner, v. Honorable Joe H. GALVAN, District Judge, Respondent.

Supreme Court of New Mexico.

March 1, 1984.

Attorney(s) appearing for the Case

Kyle W. Gesswein, Asst. Dist. Atty., Las Cruces, pro se.

Paul Bardacke, Atty. Gen., Marcia E. White, Asst. Atty. Gen., Santa Fe, for respondent.

John Wentworth, Santa Fe, for Trial Practice Section State Bar of New Mexico.

Ralph Ellinwood, Dist. Atty., Deming, for District Attorney's Ass'n, amici curiae.

OPINION

STOWERS, Justice.

This matter arose out of a criminal case filed in the Dona Ana County District Court. Without filing an affidavit of bias or prejudice or otherwise alleging any grounds for disqualification, the State sought to disqualify Judge Joe H. Galvan by utilizing the preemptory challenge procedure established by NMSA 1978, Crim.P. Rule 34.1 (Cum.Supp. 1983). Judge Galvan denied effect to the State's Notice of Preemptory Disqualification...

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