(Download) "People v. Driscoll" by Colorado Supreme Court # eBook PDF Kindle ePub Free
eBook details
- Title: People v. Driscoll
- Author : Colorado Supreme Court
- Release Date : January 25, 1980
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 50 KB
Description
On April 17, 1979, the district attorney filed a motion pursuant to Crim. P. 5(a)(5) to bind over the defendant to the district court because no written motion requesting a preliminary hearing had been filed as required by Crim. P. 5(a)(4)(I). The county court denied the motion stating that a valid request had been made and a date already set. The People responded by filing a C.R.C.P. 106 action in the Adams County District Court to compel the county court to bind over the defendant. A rule to show cause was issued, and a hearing was conducted by the district court. The district court discharged the rule finding that under the peculiar circumstances of this case, there had been substantial compliance with Crim. P. 5 to entitle the defendant to a preliminary hearing in the county court. As a matter of strategy, the People did not seek judicial review of the district courts ruling.