Pease v. District Court in and for the Ninth Judicial District

ERICKSON, Justice.

In this original proceeding, petitioner, Jeffrey Marcus Pease, seeks a new preliminary hearing on charges of possession and use of cocaine and sexual assault. Petitioner also seeks to disqualify the District Attorney for the Ninth Judicial District to appoint a special prosecutor. We issued a rule to show cause why the petition should not be granted. We make the rule absolute to disqualify the district attorney. The court is equally divided on the issue of a new preliminary hearing. Accordingly, the rule to show cause is discharged and the trial court’s denial of…