Is there a conflict of interest in the prosecution of a charge against a defendant who was previously represented by a deputy district attorney?

California, United States of America


The following excerpt is from The People v. Ocampo, E049378, No. INF044800 (Cal. App. 2011):

The trial court found the prosecution had a conflict, i.e., "a reasonable possibility that [the prosecution's] impartial exercise of discretion might be affected...." (Haraguchi v. Superior Court (2008) 43 Cal.4th 706, 717-718, fn. 13.) Because one of Riverside County's deputy district attorneys had represented defendant when the current charges were filed against him, her role as defendant's prior counsel created the possibility that the district attorney's office might be influenced in its discretionary

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