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PEOPLE v. MARTINEZ

No. 98SA489.

970 P.2d 469 (1998)

In re: The PEOPLE of the State of Colorado, Plaintiff-Respondent, v. Francisco MARTINEZ, Jr., Defendant-Petitioner.

Supreme Court of Colorado, En Banc.

Rehearing Denied December 28, 1998.

Attorney(s) appearing for the Case

David J. Thomas, District Attorney, Fourth Judicial District, Hal Sargent, Deputy District Attorney, Mark Randall, Deputy District Attorney, Ingrid Bakke, Deputy District Attorney, Donna Skinner Reed, Chief Appellate Deputy, Mary Malatesta, Assistant Attorney General and Special Prosecutor, Denver, Colorado, Attorneys for Plaintiff-Respondent.

Holland, Kaplan & Pagliuca, David S. Kaplan, Denver, Colorado, Richilano & Ridley, Patrick L. Ridley, Denver, Colorado, Dean S. Neuwirth, Denver, Colorado, Attorneys for Defendant-Petitioner.

Steve L. Bernard, Assistant District Attorney, Brighton, Colorado For Amicus Curiae Colorado District Attorney's Council.

H. Patrick Furman, Boulder, Colorado For Amicus Curiae Colorado Criminal Defense Bar.

Justice KOURLIS delivered the Opinion of the Court.

This matter comes before the court pursuant to C.A.R. 21. On September 29, 1998, the court issued a rule to show cause interceding in and staying the capital murder case pending against Francisco Martinez, Jr., for the limited purpose of addressing the defendant/petitioner's1 constitutional challenge to one provision of the statutory reciprocal discovery requirements applicable to the...

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