Holmes v. District Court of Summit County

NEIGHBORS, Justice.

This is an original proceeding filed pursuant to C.A.R. 21. The petitioners seek to prohibit the respondent district court from proceeding against them in two criminal cases which were commenced after the court granted the district attorney’s request to file direct informations. The informa-tions charge the petitioners with the identical crimes that were dismissed by the county court for lack of probable cause following a preliminary hearing. We issued a rule to show cause and now make the rule absolute.

I

The petitioners, James Holmes (Holmes) and Travis Kellner (Kellner),…