Can a motion to recuse a prosecutor be reviewed for abuse of power?

California, United States of America


The following excerpt is from People v. Vivar, 11 Cal.5th 510, 278 Cal.Rptr.3d 2, 485 P.3d 425 (Cal. 2021):

must rely entirely on a cold record. (Cf. Haraguchi v. Superior Court (2008) 43 Cal.4th 706, 711, fn. 3, 76 Cal.Rptr.3d 250, 182 P.3d 579 ; see id . at p. 713, 76 Cal.Rptr.3d 250, 182 P.3d 579 [motions to recuse the prosecutor are reviewed for abuse of discretion because trial courts "are in a better position than appellate courts to ... evaluate the consequences of a potential conflict in light of the entirety of a case, a case they inevitably will be more familiar with than the appellate courts"].)5 Indeed, that's what happened

[485 P.3d 436]

here: the judge hearing the section 1473.7 motion had no firsthand familiarity

[278 Cal.Rptr.3d 15]

with the circumstances surrounding Vivar's plea.

Other Questions


What is the test for abuse of abuse of power in the context of a motion to overturn a finding that the trial court abused power on the Pitchess motion? (California, United States of America)
When reviewing an appeal of a sentence for abuse of abuse of power, how will the appellate court review the sentence? (California, United States of America)
In arguing that the trial court abused its power to deny a motion to sever an indecent exposure charge from a sexual assault charge, does defendant rely on Earle v Earle to argue that the motion was abused? (California, United States of America)
How does the court review a denial of a motion for a new trial for abuse of abuse of review? (California, United States of America)
In reviewing a lower court's ruling for abuse of power, does the court review the evidence or evaluate the credibility of witnesses? (California, United States of America)
When reviewing a motion for a new trial, does the appellate court apply the standard of "abuse of discretion" in denying the motion? (California, United States of America)
In reviewing a ruling on an anti-SLAPP motion, how do we review an order granting or denying a motion to strike under section 425.16 de novo? (California, United States of America)
What is the test for abuse of abuse of authority in denying a motion for a new trial motion based on newly discovered evidence? (California, United States of America)
How should the Court of Appeal review the first-stage ruling of a motion to review the denial of Batson/Wheeler motion? (California, United States of America)
What is the test for abuse of public power in the context of abuse of power? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.