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GALLAGHER v. ARAPAHOE COUNTY COURT

No. 87CA1092.

772 P.2d 665 (1989)

The PEOPLE of the State of Colorado, ex rel., Robert R. GALLAGHER, Jr., District Attorney in and for the Eighteenth Judicial District, Plaintiff-Appellee, v. ARAPAHOE COUNTY COURT and Judge Marguerite T. Langstaff, one of the Judges thereof, and Jack Ruppert, Defendants-Appellants.

Colorado Court of Appeals, Div. A.

Rehearing Denied March 2, 1989.

Attorney(s) appearing for the Case

Robert R. Gallagher, Jr., Dist. Atty., James C. Sell, Brian K. McHugh, Deputy Dist. Attys., Englewood, for plaintiff-appellee.

Steven Katzman, Littleton, for defendants-appellants.

KELLY, Chief Judge.

The Arapahoe County Court and County Court Judge Marguerite T. Langstaff (the County Court) appeal the judgment and order of the district court in a C.R.C.P. 106(a)(4) proceeding reinstating an assault charge dismissed by the County Court after a preliminary hearing upon a finding of no probable cause. The County Court contends that the district court was without jurisdiction under C.R.C.P. 106 to review the County Court's probable cause determination...

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