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COOLBROTH v. DIST. COURT OF 17TH JUD. D.

No. 88SA182.

766 P.2d 670 (1988)

Jerry COOLBROTH, Petitioner, v. DISTRICT COURT OF the SEVENTEENTH JUDICIAL DISTRICT In and For the COUNTY OF ADAMS, State of Colorado, and the Honorable Thomas R. Ensor, One of the Judges thereof, Respondents.

Supreme Court of Colorado, En Banc.

December 19, 1988.

Attorney(s) appearing for the Case

David F. Vela, State Public Defender, Todd L. Nelson, Deputy State Public Defender, Brighton, for petitioner.

James F. Smith, Dist. Atty., Steven L. Bernard, Chief Trial Deputy, Brighton, for respondents.

QUINN, Chief Justice.

In this original proceeding the petitioner, Jerry Coolbroth, who is charged with second degree murder in the Adams County District Court, challenges the district court's ruling that section 16-8-110(1), 8A C.R.S. (1986), which allows an incompetent defendant to be tried on the issue raised by a plea of not guilty by reason of insanity, is violative of due process of law. We issued a rule directing the district court to show cause why its ruling...

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