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PEOPLE v. DISTRICT COURT

No. 90SA82.

793 P.2d 163 (1990)

The PEOPLE of the State of Colorado, Petitioner, v. The DISTRICT COURT OF COLORADO'S SEVENTEENTH JUDICIAL DISTRICT and One of Its Judges, the Honorable Philip F. Roan, Respondents.

Supreme Court of Colorado, En Banc.

June 18, 1990.

Attorney(s) appearing for the Case

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

Normando R. Pacheco, Thomas H. May, Robert Justin Driscoll, Denver, Colo., for respondents.

Justice ERICKSON delivered the Opinion of the Court.

This original proceeding by the prosecution pursuant to C.A.R. 21 raises the issue of whether the trial court clearly abused its discretion in barring the testimony of the prosecution's key eyewitness because of an alleged violation of Crim.P. 16. We issued a rule to show cause and an order staying the criminal proceedings below. We now make the rule absolute and lift the stay.

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