Can a prosecutor be found to have concealed their bias in a criminal case?
California, United States of America
The following excerpt is from In re Manriquez, 235 Cal.Rptr.3d 787, 421 P.3d 1086, 5 Cal.5th 785 (Cal. 2018):
People v. Weatherton (2014) 59 Cal.4th 589, 600, 174 Cal.Rptr.3d 45, 328 P.3d 38 ; see People v. Thomas (2012) 53 Cal.4th 771, 819, 137 Cal.Rptr.3d 533, 269 P.3d 1109.) In other words, a concealment creates a presumption of prejudice, but it can be rebutted by a showing that there is no substantial likelihood of actual bias. Whether the prosecutor has discharged his or her burden is for the court to decide.
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