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PEOPLE v. LINCOLN

Nos. 07SA82, 07SA83.

161 P.3d 1274 (2007)

The PEOPLE of the State of Colorado, Plaintiff-Appellant v. Samuel LINCOLN, Defendant-Appellee.

Supreme Court of Colorado, En Banc.

June 25, 2007.

Attorney(s) appearing for the Case

Pete Hautzinger, District Attorney, Twenty-First Judicial District, Richard B. Tuttle, Assistant District Attorney, Grand Junction, Colorado, Attorneys for Plaintiff-Appellant.

Kathy Goudy, Carbondale, Colorado, Griff, Larson, Laiche & Brennan, Stephen Laiche, Grand Junction, Colorado, Samler and Whitson, P.C., Eric Samler, Denver, Colorado, Attorneys for Defendant-Appellee.

John W. Suthers, Attorney General, Daniel D. Domenico, Assistant Solicitor General, Catherine P. Adkisson, Assistant Solicitor General, Appellate Division, Criminal Justice Section, Denver, Colorado, Attorneys for Amicus Curiae State of Colorado.

Colorado District Attorneys Counsel, David J. Thomas, Executive Director, Denver, Colorado, Scott Storey, District Attorney, First Judicial District, Donna Skinner Reed, Chief Appellate District Attorney, Golden, Colorado, Attorneys for Amicus Curiae Colorado District Attorneys Counsel.

Office of Alternate Defense Counsel, Lindy Frolich, Denver, Colorado, Attorneys for Amicus Curiae Office of Alternate Defense Counsel.

Colorado Criminal Defense Bar, Pamela Dayton, Denver, Colorado, Attorneys for Amicus Curiae Colorado Criminal Defense Bar.

Justice HOBBS delivered the Opinion of the Court.

In this interlocutory appeal pursuant to sections 16-12-102(2) and 20-1-107, C.R.S. (2006), we review whether the trial court properly exercised its discretion when it disqualified two assistant district attorneys, Richard Tuttle and Tammy Eret, and the entire Mesa County District Attorney's Office from further participation in two pending cases against the defendant, Samuel Lincoln, after finding special circumstances...

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