California Court of Appeal

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Melcher v. Superior Court, 079225

In a petition to recuse the Calaveras County District Attorney's office from prosecuting a criminal action against petitioner because the victim of his alleged crime is the district attorney's husband, the trial court's denial of the motion to recuse is affirmed and the petition is denied, as the mere fact the victim and the district attorney are married does not establish a disabling conflict where: 1) there is no evidence she has influenced the prosecution; 2) an ethical wall prevents the district attorney from influencing the case; and 3) the district attorney waives any rights to participate in the case as a victim or a member of the victim's family.

Appellate Information

  • Decided
  • Published 2017/03/28




  • California Court of Appeal