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COWLES PUB. CO. v. MAGISTRATE COURT

No. 18629.

800 P.2d 640 (1990)

118 Idaho 753

COWLES PUBLISHING COMPANY doing business as Spokesman-Review and Spokane Chronicle, Petitioner, v. The MAGISTRATE COURT OF THE FIRST JUDICIAL DISTRICT OF THE STATE of Idaho, COUNTY OF KOOTENAI, Hon. Peter Hutchinson, Presiding, Respondent. STATE of Idaho, Plaintiff, v. Joshua FRAZIER, Defendant.

Supreme Court of Idaho.

October 23, 1990.

Attorney(s) appearing for the Case

Duane M. Swinton (argued), Witherspoon, Kelley, Davenport & Toole, P.S., Coeur d'Alene, for petitioner.

Jim Jones, Atty. Gen., Paige A. Parker, Sp. Deputy Atty. Gen. (argued), Boise, for respondent.

BOYLE, Justice.

In this original proceeding on a petition for a writ of mandamus seeking to compel a magistrate to open a preliminary hearing to the public, we are required to address the constitutionality of I.C. § 19-811 in light of Press-Enter. Co. v. Superior Court of California, 478 U.S. 1, 106 S.Ct. 2735, 92 L.Ed.2d 1 (1986) (hereinafter Press-Enter. II).

I.

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