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MILLER v. DIST. CT., CITY & CTY. OF DENVER

No. 87SA49.

737 P.2d 834 (1987)

Frederick M. MILLER, M.D., Petitioner, v. The DISTRICT COURT In and For the CITY AND COUNTY OF DENVER and the Honorable Leonard Plank, One of the Judges Thereof, Respondents.

Supreme Court of Colorado, En Banc.

May 26, 1987.

Attorney(s) appearing for the Case

Larry Pozner & Associates, P.C., Shelley Gilman, Denver, for petitioner.

Norman S. Early, Jr., Dist. Atty., Second Judicial Dist., Donna Skinner Reed, Deputy Dist. Atty., Denver, for respondents.

Richard F. Hennessey, Ted D. Gardenswartz, Denver, for amici curiae Colorado Psychiatric Society & The Denver Psychoanalytic Society.

Charles G. Michaels, Denver, for amicus curiae Civil Liberties Union Foundation of Colo., Inc.

Michael L. Bender, Mary J. Mullarkey, Denver, for amicus curiae Nat. Ass'n of Criminal Defense Lawyers.

Richard A. Hostetler, Denver, for amicus curiae Colorado Criminal Defense Bar.

ERICKSON, Justice.

The respondent district court issued a contempt citation against the petitioner, Frederick Miller, when he refused to answer questions relating to murder charges against the defendant, Lawrence Aoki. We issued a rule to show cause, and now discharge the rule in part and make the rule absolute in part.

I.

In February 1986, the defendant, Lawrence Aoki, was charged in the Denver District Court with two counts of murder in the first...

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