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McINTOSH v. DAVIS

Nos. C7-88-2586, C3-88-2620.

441 N.W.2d 115 (1989)

Winford J. McINTOSH, Respondent, v. The Honorable Michael J. DAVIS, Judge of the Fourth Judicial District, and the Honorable Peter Lindberg, Chief Judge of the Fourth Judicial District, Petitioners. James L. HADLEY, Respondent, v. The Honorable Charles PORTER, Judge of the Fourth Judicial District, the Honorable Michael J. Davis, Judge of the Fourth Judicial District, and the Honorable Peter Lindberg, Chief Judge of the Fourth Judicial District, Petitioners.

Supreme Court of Minnesota.

June 2, 1989.

Attorney(s) appearing for the Case

Hubert H. Humphrey, III, Atty. Gen., Paul R. Kempainen, Asst. Atty. Gen., St. Paul, for petitioners.

William R. Kennedy, Chief Public Defender, Philip D. Bush, Asst. Public Defender, Minneapolis, for respondent.

Thomas L. Johnson, Hennepin County Atty., Beverly J. Wolfe, Minneapolis, amicus curiae.

Heard, considered and decided by the court en banc.

POPOVICH, Chief Justice.

This matter involves a review of orders for writs of mandamus issued by the court of appeals requiring the petitioner judges to schedule defendants' trials within the 60-day time limit provided in Minn.R.Crim. P. 11.10. Trials for both respondents were scheduled beyond the 60-day time limit under a comprehensive criminal calendering plan, commonly called the "blitz." It was implemented during January...

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