California Court of Appeal

Petition for writ of mandate challenging denial of motion to recuse the prosecuting deputy district attorney and the entire Office of the District Attorney of Santa Barbara County, based on the claim that the prosecutor had a conflict of interest from her prosecuting petitioner in a rape by intoxication case at the same time she is promoting a novel about a rape by intoxication case that includes details from petitioner's case, is granted as to the prosecutor since she has a conflict of interest that is so grave as to render it unlikely that petitioner will receive fair treatment during all portions of the criminal proceedings, and the trial court abused its discretion as a matter of law in finding to the contrary.

Appellate Information

• Decided 10/05/2006
• Published 10/05/2006

Judges

• YEGAN, J.

Court

• California Court of Appeal

Counsel

• For Appellant:
  
• Sanger & Swysen, for Petitioner., Thomas W. Sneddon, Jr., District Attorney, County of Santa Barbara and Gerald McC. Franklin, Senior Deputy District Attorney, for Real Party in Interest.


• For Appellees:
  
• Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Pamela C. Hamanaka, Senior Assistant Attorney General, Steven D. Matthjews, Supervising Deputy Attorney General, David F. Glassman, Deputy Attorney General, for Respondent.