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AOKI v. DISTRICT COURT CITY AND COUNTY OF DENVER

No. 87SA47.

737 P.2d 844 (1987)

Lawrence S. AOKI, 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

David F. Vela, Public Defender, Frank Viehmann, Deputy Public Defender, Denver, Steven R. Gayle, Deputy Public Defender, Golden, 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 Soc. & The Denver Psychoanalytic Soc.

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.

In this original proceeding, the defendant, Lawrence Aoki, petitions this court pursuant to C.A.R. 21 for an order requiring the respondent district court to vacate an order compelling a defense-retained psychiatrist to testify on behalf of the prosecution. We issued a rule to show cause why the requested relief should not be granted, and now discharge the rule.

I.

This is a companion case to Miller v. District Court,

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