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WALKER v. WALTON

No. 27,599.

70 P.3d 756 (2003)

133 N.M. 766

2003-NMSC-014

Clinton WALKER, Plaintiff-Appellee, v. Hon. Sharon WALTON, Division XVI, Metropolitan Court, and Hon. Sandra Clinton, Division VII, Metropolitan Court, Defendants-Appellants.

Supreme Court of New Mexico.

May 20, 2003.

Attorney(s) appearing for the Case

Thomas DeMartino, Albuquerque, NM, for Appellee.

Cindy J. Cordova, David K Thomson, Santa Fe, NM, for Appellants.

OPINION

CHÁVEZ, Justice.

{1} Two metropolitan court judges, Judge Sharon Walton and Judge Sandra Clinton (Appellants), appeal a district court order granting a petition for writ of prohibition and writ of superintending control in favor of Defendant Clinton Walker (Defendant). The district court determined that Defendant's notice of excusal with respect to Judge Walton, which he filed within ten days of his rearraignment on refiled charges, was...

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