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WILKERSON v. DISTRICT COURT

No. 96SA182.

925 P.2d 1373 (1996)

Terry N. WILKERSON, Petitioner, v. The DISTRICT COURT In and For the COUNTY OF EL PASO, State of Colorado, and the Honorable Richard Toth, one of the Judges Thereof, Respondents.

Supreme Court of Colorado, En Banc.

October 15, 1996.

Attorney(s) appearing for the Case

David F. Vela, Colorado State Public Defender, Eydie Bratfisch, Deputy State Public Defender, Andrea Head, Deputy State Public Defender, Colorado Springs, for Petitioner.

John Suthers, District Attorney, Fourth Judicial District, David Gilbert, Deputy District Attorney, Colorado Springs, for Respondents.

Justice KIRSHBAUM delivered the Opinion of the Court.

Petitioner Terry N. Wilkerson (Wilkerson), the defendant in a criminal case,1 initiated this original proceeding pursuant to Rule 21 of the Colorado Rules of Appellate Procedure to obtain relief from an order entered by the respondent, the District Court for the Fourth Judicial District of the State of Colorado, denying Wilkerson's motion to recuse the trial court judge. Having issued...

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