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PEOPLE v. JUVENILE COURT

No. 93SA325.

893 P.2d 81 (1995)

The PEOPLE of the State of Colorado, Petitioner, v. JUVENILE COURT, CITY AND COUNTY OF DENVER, and one of the Judges Thereof, Honorable David E. Ramirez, Respondents.

Supreme Court of Colorado, En Banc.

As Modified on Denial of Rehearing April 17, 1995.

Attorney(s) appearing for the Case

A. William Ritter, Jr., Dist. Atty., Second Judicial Dist., Nathan B. Coats, Chief Appellate Deputy Dist. Atty., Denver, for petitioner.

David F. Vela, State Public Defender, David M. Furman, Julie Iskenderian, Deputy State Public Defenders, Denver, for respondent.

Bonham, Peake & Hutchinson, P.C., Kathy P. Bonham, Denver, Susan L. Burrell, Youth Law Center, San Francisco, CA, for amicus curiae Youth Law Center.

Nancy J. Hutchinson, Denver, for amicus curiae American Civil Liberties Union.

Rudolph Schware, Ruth Buechler, Denver, for amicus curiae Nat. Lawyers Guild.

Gale A. Norton, Atty. Gen., Stephen K. ErkenBrack, Chief Deputy Atty. Gen., Timothy M. Tymkovich, Sol. Gen., John Daniel Dailey, Deputy Atty. Gen., Denver, for amicus curiae Colorado State Atty. Gen.

Justice KIRSHBAUM delivered the Opinion of the Court.

In this original proceeding filed pursuant to C.A.R. 21, the petitioner, the People of the State of Colorado, challenges an order entered by the respondent, the Juvenile Court of the City and County of Denver, concluding that section 19-2-204(3)(a)(III), 8B C.R.S. (1994 Supp.) (the presumption statute), violates constitutional guarantees of substantive and procedural due process of law. The petitioner also seeks...

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