California Court of Appeal

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Packer v. Superior Court, B245923

Petition for writ of mandate seeking to overturn the trial court's denial of an evidentiary hearing and denial of defendant motion to recuse the prosecutor in his case is affirmed, where: 1) a criminal defendant seeking to disqualify a prosecutor is not entitled to an evidentiary hearing unless, at a minimum, he makes a prima facie showing that recusal is warranted, and does so using only signed affidavits containing competent evidence, and this procedure does not violates defendant's constitutional right to compulsory process; and 2) the trial court properly found that defendant did not make a prima facie showing.

Appellate Information

  • Decided 08/29/2013
  • Published 08/29/2013

Judges

  • HOFFSTADT

Court

  • California Court of Appeal

Counsel