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PEOPLE v. ARELLANO-AVILA

No. 01SA1.

20 P.3d 1191 (2001)

In re the PEOPLE of the State of Colorado, Plaintiff, v. Diomedes ARELLANO-AVILA, Defendant.

Supreme Court of Colorado. En Banc.

March 26, 2001.

Attorney(s) appearing for the Case

Wyatt B. Angelo, District Attorney, Seventh Judicial District, Dan W. Hotsenpiller, Assistant District Attorney, Montrose, CO, Attorneys for Plaintiff.

David S. Kaplan, Colorado State Public Defender, Harvey M. Palefsky, Deputy Public Defender, Montrose, CO, Attorneys for Defendant.

Justice HOBBS delivered the Opinion of the Court.

Pursuant to C.A.R. 21, the People petitioned for relief from a district court order that directed the parties to take the deposition of a Mexican citizen residing in Mexico. The district court held that the deposition was "necessary" within the meaning of Crim. P. 15, and that the rule did not bar the court from ordering the deposition to be taken outside of the United States. We issued a rule to show cause why the...

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