Challenges to D.A.

Trial court erred by failing to disqualify the entire district attorney's office from prosecuting defendant based on a conflict of interest. Schumb was charged with conspiracy to bribe, and bribing, an executive officer based on evidence that he and others…

Trial court did not abuse its discretion in denying defendant's motion to disqualify the entire district attorney's office because he failed to show there was a conflict of interest as to him personally. Jensen, a sheriff's department captain, was charged…

Although alleged crime victim is married to the district attorney, trial court did not err in denying motion to recuse entire district attorney's office where petitioner failed to show that he was unlikely to receive a fair trial. Petitioner moved…

Trial court erred by not holding evidentiary hearing on defense motion to recuse prosecutor where the resolution of significant factual disputes in the defense's favor could require recusal. Packer was charged with multiple counts of first degree murder in a…

Penal Code section 1424 procedures for disqualification of the prosecutor do not violate a defendant's constitutional right to compulsory process. Petitioner, who is charged with murder, brought a pretrial motion, pursuant to Penal Code section 1424, to recuse the prosecutor.…

Recusal of entire District Attorney's Office is not required where allegation of conflict was based on speculation and failed to show a likelihood of unfairness. Petitioner is a former official for the City of Bell, facing criminal prosecution for alleged…

Under Penal Code section 1424, there must be an actual likelihood of unfair treatment, not merely a subjective perception of impropriety, to warrant an order recusing the district attorney or the entire office. Appellant, a former police officer, was charged…

Recusal was not necessary where the prosecutor consulted on a film of a criminal defendant's story. Hollywood was a fugitive defendant in a capital case, when the lead prosecutor gave his files to a screenwriter/director making a movie on Hollywood's…

Recusal was not required where the prosecutor advocated for third parties in a discovery dispute. During the prosecution of Humberto for continuous sexual abuse of a child, the prosecutor objected to the release of medical and psychotherapy records of the…

No recusal was required where the prosecutor published a novel with similar facts prior to defendant's rape trial. Prior to Haraguchi's trial for rape of an intoxicated victim, the lead prosecutor published a fictional account of a heroine prosecutor's decision…