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PEOPLE v. NOZOLINO

Supreme Court Case No. 12SA189.

298 P.3d 915 (2013)

2013 CO 19

In Re The PEOPLE of the State of Colorado, Plaintiff v. Bruce J. NOZOLINO, Defendant.

Supreme Court of Colorado.

March 25, 2013.

Attorney(s) appearing for the Case

Attorneys for Plaintiff: Daniel H. May , District Attorney, Fourth Judicial District, Donna J. Billek , Senior Deputy District Attorney, Deborah F. Pearson , Senior Deputy District Attorney, Doyle Baker , Senior Deputy District Attorney, Colorado Springs, Colorado.

Attorneys for Defendant: Walta LLC, Mark G. Walta , Denver, Colorado, Tina L. Tussay , Castle Rock, Colorado.

Attorneys for Amicus Curiae Office of Alternate Defense Counsel: The Law Office of Jonathan D. Rosen P.C., Jonathan D. Rosen , Denver, Colorado.

Attorneys for Amicus Curiae Colorado State Public Defender: Douglas K. Wilson , Public Defender, Frances Smylie Brown , Chief Deputy Public Defender, Denver, Colorado.

En Banc.

JUSTICE RICE delivered the Opinion of the Court.

¶ 1 In this original proceeding, Petitioner Bruce J. Nozolino ("Nozolino") seeks to vacate the trial court's order disqualifying the Office of the State Public Defender as counsel for Nozolino. The trial court disqualified the Public Defender, holding that a conflict exists and that the conflict is not waivable. Nozolino petitioned this Court asserting that the trial court abused its discretion when it ordered...

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