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Wright v. State1/4/2002 (1) Wright did not tell Speikers about Judge Froehlich's assignment, and (2) Speikers failed to ask his client whether a judge had been assigned to the case.
We conclude that Riley does not excuse the tardiness of a peremptory challenge when, after the defendant secures counsel, the defendant and counsel fail to diligently pursue the potential peremptory challenge. In the present case, even assuming the truth of the assertions in Wright's pleadings, Wright failed to establish that he and his attorney acted diligently after August 8th (the day on which Speikers became actively involved in Wright's case) to exercise a peremptory challenge.
The ruling of the district court is AFFIRMED.
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