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PEOPLE EX REL. PETERS v. DISTRICT COURT

No. 97SA328.

951 P.2d 926 (1998)

The PEOPLE of the State of Colorado ex rel. James J. PETERS, District Attorney In and For the EIGHTEENTH JUDICIAL DISTRICT, Petitioner, v. The DISTRICT COURT In and For the COUNTY OF ARAPAHOE, State of Colorado, and the Honorable Jack F. Smith, One of the Judges Thereof, Respondent.

Supreme Court of Colorado, En Banc.

January 20, 1998.

Attorney(s) appearing for the Case

James J. Peters, District Attorney, Eighteenth Judicial District, Brian K. McHugh, Deputy District Attorney, Eva E. Wilson, Chief Deputy District Attorney, Stephen M. Lee, Chief Deputy District Attorney, Englewood, for Petitioner.

Forrest W. Lewis, P.C., Forrest W. Lewis, Denver, for Respondents.

Justice BENDER delivered the Opinion of the Court.

The People brought this original proceeding under C.A.R. 21 seeking relief in the nature of mandamus to correct an order issued by the Arapahoe County District Court ("the district court") holding that the attorneys for a defendant in a first-degree murder case should not be disqualified on the basis of a conflict of interest. The district court held that no conflict of interest exists where the defendant's attorneys...

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