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STATE v. AZURE

No. C1-00-61.

621 N.W.2d 721 (2001)

STATE of Minnesota, Respondent, v. Joseph Allen AZURE, Appellant.

Supreme Court of Minnesota.

January 25, 2001.

Attorney(s) appearing for the Case

John J. Leuni, Harlan M. Goulett, Minneapolis, for appellant.

Mike Hatch, Atty. Gen., Kelly O'Neill Moller, Asst. Atty. Gen., St. Paul, Joseph Evans, Becker County Atty., Detroit Lakes, for respondent.

Heard, considered, and decided by the court en banc.

OPINION

BLATZ, Chief Justice.

Appellant Joseph Allen Azure brings a direct appeal from his September 21, 1999 conviction for first-degree murder. The only issue on appeal is whether the judge who presided over appellant's trial should have removed himself pursuant to appellant's oral pretrial request. Appellant argues that Minn.Stat. § 542.16 (1998), not Minn. R.Crim. P. 26.03, subd. 13(4), governs the removal of judges and that his motion to remove...

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