California, United States of America
The following excerpt is from People v. Flinner, 10 Cal.5th 686, 271 Cal.Rptr.3d 648, 476 P.3d 240 (Cal. 2020):
Flinner forfeited this claim by failing to raise it below. Once the information provided by Sherman became available to defense counsel, any claim of prosecutorial bias could and should have been raised by a motion under Penal Code section 1424 to disqualify Prosecutor Clabby for a claimed conflict of interest. Counsel neither moved for disqualification nor asserted by any other means that Clabby harbored a disqualifying bias against their client. "Defendant's failure to move to disqualify the district attorney in the trial court bars appellate review of the claim." ( People v. Maury (2003) 30 Cal.4th 342, 438, 133 Cal.Rptr.2d 561, 68 P.3d 1.)
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