Supreme Court of California

In this case, defendant-petitioner seeks to have the prosecutor recused under Penal Code section 1424 for an alleged conflict of interest. Denial of defendant’s request for an evidentiary hearing on grounds that defendant had failed to make a prima facie showing that recusal was warranted is reversed, and the trial court is directed to hold an evidentiary hearing, where, in light of the affidavits submitted, and the conflicts and contradictions reflected in those affidavits, the trial court abused its discretion in declining to hold an evidentiary hearing, as a hearing was necessary to determine whether the conflict in this case would render it unlikely that defendant would receive a fair trial if the prosecutor is not recused in the underlying proceeding.

Appellate Information

• Decided 12/11/2014
• Published 12/12/2014

Judges

• Cantil-Sakauye

Court

• Supreme Court of California

Counsel