Is a defendant entitled to a judicial review of a decision by the Attorney General to replace the prosecutor?

California, United States of America


The following excerpt is from People v. Superior Court for County of Contra Costa, 130 Cal.Rptr. 241, 58 Cal.App.3d 854 (Cal. App. 1976):

If the Attorney General makes a decision upon a request to replace the prosecutor, and that decision is claimed to be an abuse of discretion, a defendant is not left without recourse by our holding. Certainly he is entitled to judicial review in appropriate proceedings. (Cf. Hollman v. Warren (1948) 32 Cal.2d 351, 355-356, 196 P.2d 562.)

Other Questions


Is a judicial review of a decision of the State Bar recommending disbarment or suspension from practice an analogy between criminal proceedings and the resolution of reasonable doubts in the course of judicial review? (California, United States of America)
Does the Attorney General have any grounds to deny a defendant's ability to pay his attorney fees? (California, United States of America)
Does the Attorney General have to explain why counsel did not object to a prosecutor's misstatement that a defendant was guilty of only second degree murder? (California, United States of America)
Does the Attorney General have an obligation to provide a good faith effort to obtain materials from a defendant's trial attorney? (California, United States of America)
Can a letter between the Attorney General and Attorney General be admitted as a public record? (California, United States of America)
What is the test for reviewing an arbitrator's decision to deny attorney fees to defendants? (California, United States of America)
Can a Defendant refuse to cooperate with his appointed attorney and thereby compel the court to replace that attorney? (California, United States of America)
Is a defendant entitled to damages if the prosecutor improperly commented upon defendant's failure to testify? (California, United States of America)
What is the test for a judicial review of a quasi-judicial administrative decision? (California, United States of America)
Is there any case law where a defendant's trial counsel was incompetent for not arguing at trial that the prosecutor's decision to seek the death penalty was based on a lack of guidelines in the district attorney's office? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.