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STATE EX REL. STEPHAN v. REYNOLDS

No. 56,165

234 Kan. 574 (1984)

673 P.2d 1188

STATE OF KANSAS, ex rel. ROBERT T. STEPHAN, Attorney General, Petitioner, v. THE HONORABLE JAY DON REYNOLDS, Associate District Judge, 16th Judicial District; DONALD GOOD; GLENN I. KERBS; MICKEY MOORMAN, Mead County Attorney; TOM SMITH, Special Prosecutor for Meade County, Kansas, Respondents.

Supreme Court of Kansas.

Opinion filed January 5, 1984.

Attorney(s) appearing for the Case

Robert T. Stephan, attorney general, James E. Flory, deputy attorney general, and Timothy G. Madden, assistant attorney general, were on the brief for the petitioner.

Robert F. Bennett and Leon J. Patton, of Bennett, Lytle, Wetzler, Winn & Martin, of Prairie Village, were on the brief for respondent The Honorable Jay Don Reynolds.

Glenn I. Kerbs, of Patton & Kerbs, of Dodge City, was on the brief for respondents Donald Good and Glenn I. Kerbs.

Tom R. Smith, of Liberal, was on the brief for respondent Tom Smith.

Per Curiam:

This is an action in the nature of mandamus instituted by the attorney general, seeking an order of this court requiring The Honorable Jay Don Reynolds, a judge of the Sixteenth Judicial District of this state, to permit the attorney general to prosecute a criminal case pending in that district. Respondent Donald Good, a practicing attorney in Meade County, is the defendant in the pending case of State v. Good, Meade County case No. 83-CR...

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