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STATE v. PAYNE

No. 950042.

892 P.2d 1032 (1995)

STATE of Utah and Jan Graham, Utah Attorney General, Petitioners, v. The Honorable A. Lynn PAYNE, Judge, Eighth Judicial District Court, Uintah County, Utah, Respondent.

Supreme Court of Utah.

March 21, 1995.

Attorney(s) appearing for the Case

Jan Graham, Atty. Gen., Carol Clawson, J. Kevin Murphy, Asst. Attys. Gen., Salt Lake City, for plaintiffs.

Brent M. Johnson, Salt Lake City, for defendant.

Jerome H. Mooney, Wendy M. Lewis, Salt Lake City, for Valentino Colorow.

ZIMMERMAN, Chief Justice:

Petitioners the State of Utah and Jan Graham, the Utah Attorney General, bring this petition for extraordinary relief pursuant to rule 65B(e) of the Utah Rules of Civil Procedure.1 Petitioners contend that the district court "failed to perform an act required by law as a duty of office"2 when it refused to decide if it had jurisdiction over the second degree murder and aggravated kidnapping...

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