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PEASE v. DISTRICT COURT

No. 84SA415.

708 P.2d 800 (1985)

Jeffrey Marcus PEASE, Petitioner, v. The DISTRICT COURT In and For the NINTH JUDICIAL DISTRICT, State of Colorado, and the Honorable Judson E. DeVilbiss, one of the Judges thereof, Respondents.

Supreme Court of Colorado, En Banc.

As Modified on Denial of Rehearing December 2, 1985.

Attorney(s) appearing for the Case

Haddon, Morgan & Foreman, P.C., Lee D. Foreman, Denver, for petitioner.

Milton K. Blakey, Dist. Atty., Ninth Judicial Dist., Keith Cross, Asst. Dist. Atty., Glenwood Springs, for respondents.

Raymond T. Slaughter, Executive Director, Colo. Dist. Atty's Council, Brooke Wunnicke, Chief Appellate Deputy Dist. Atty., Denver, for amicus curiae, Colo. Dist. Atty's Council.

ERICKSON, Justice.

In this original proceeding, petitioner, Jeffrey Marcus Pease, seeks a new preliminary hearing on charges of possession and use of cocaine and sexual assault. Petitioner also seeks to disqualify the District Attorney for the Ninth Judicial District to appoint a special prosecutor. We issued a rule to show cause why the petition should not be granted. We make the rule absolute to disqualify the district attorney. The court is equally divided on the...

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