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eBook details

• Title: Regina F. Kozacki and James v. Kozacki v. Honorable Gene Knize
• Author : Supreme Court Of Utah
• Release Date : January 13, 1994
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 76 KB

Description

Relators, James and Regina Kozacki, were indicted on June 6, 1994, for engaging in organized criminal activity. See TEX. PENAL CODE ANN. ? 71.02 (Vernon Supp. 1994). They have yet to be arraigned on the charges and, indeed, each remains incarcerated in the Ellis County jail under $75,000 bail. The Kozackis employed attorneys Hal W. Maxwell, II and William P. Rossini for the limited purpose of seeking a reduction of their bail and, if necessary, of pursuing a writ of habeas corpus based on excessive bail. The attorneys then filed a motion to reduce bail, which the court set for a hearing on August 4. However, the court refused to proceed with the bail-reduction hearing or to allow Maxwell and Rossini to represent the Kozackis at the hearing, unless the attorneys agreed to represent their clients in the entire criminal proceeding. The Kozackis filed a second motion to reduce their bail, with the same results. They seek a writ of mandamus to require respondent, the Honorable Gene Knize, judge of the 40th District Court, to hold a hearing on the motion to reduce bail and to allow Maxwell and Rossini to represent them at the hearing. Finding that the Kozackis are clearly entitled to relief from Judge Knizes refusal to allow Maxwell and Rossini to represent them at the bail-reduction hearing, we conditionally grant the writ.

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