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STATE v. BLACK

No. 20130758.

355 P.3d 981 (2015)

2015 UT 54

STATE of Utah, Appellee, v. Terry BLACK, Appellant.

Supreme Court of Utah.

July 17, 2015.

Attorney(s) appearing for the Case

Sean D. Reyes , Att'y Gen., Ryan D. Tenney , Asst. Att'y Gen., Salt Lake City, for appellee.

Joan C. Watt , McCaye Christianson , Patrick W. Corum , Jason M. Poppleton , Wojciech S. Nitecki, Salt Lake City, for appellant.

Justice DURHAM authored the opinion of the Court, in which Chief Justice DURRANT, Associate Chief Justice LEE, Justice PARRISH, and Judge ORME joined. Due to his retirement, Justice NEHRING does not participate herein; Court Of Appeals Judge GREGORY K. ORME sat. Justice DENO G. HIMONAS became a member of the Court on February 13, 2015, after oral argument in this matter, and accordingly did not participate.

INTRODUCTION

¶ 1 This case presents two questions: (1) whether a district court judge created an appearance of bias requiring his disqualification from the case and (2) whether a district court judge may act as both a magistrate and a judge in the same criminal case. The first question became...

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