PEOPLE v. LOPER

No. 10SA21.

241 P.3d 543 (2010)

The PEOPLE of the State of Colorado, Plaintiff-Appellant v. Darrell Lee LOPER, Defendant-Appellee.

Supreme Court of Colorado, En Banc.

November 8, 2010.


Attorney(s) appearing for the Case

Daniel H. May , District Attorney, Fourth Judicial District, Nan Scranton , Deputy District Attorney, Doyle Baker , Deputy District Attorney, Colorado Springs, Colorado, Attorneys for Plaintiff-Appellant.

Brien & Martinez Law, LLC, Esteban A. Martinez , Boulder, Colorado, Attorneys for Defendant-Appellee.


Justice RICE delivered the Opinion of the Court.

In this interlocutory appeal brought pursuant to section 16-12-102, C.R.S. (2010), we review an El Paso County District Court order disqualifying the district attorney's office from prosecuting this case against defendant-appellee Darrell Lee Loper. We find that the trial court erred in disqualifying the district attorney under section 20-1-107(2), C.R.S. (2010) because there were no special circumstances that would...

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