What is the test for establishing a conflict of interest under section 1424 of the California Penal Code?

California, United States of America


The following excerpt is from Hambarian v. Superior Court of Orange County, 105 Cal.Rptr.2d 566 (Cal. App. 2001):

The court noted Penal Code section 1424 involves a two-prong analysis: (1) whether a "conflict exists," and (2) whether the conflict is prejudicial. As to the first prong, a conflict exists "'whenever the circumstances of a case evidence a reasonable possibility that the [district attorney's] office may not exercise its discretionary function in an evenhanded manner. Thus, there is no need to determine whether a conflict is "actual" or only gives an "appearance" of conflict.'" (People v. Eubanks, supra,

14 Cal.4th at p. 592.)

Other Questions


Does section 654 of the California Penal Code allow for an act or omission that is punishable by different sections of the Penal Code to be punished by one or more sections? (California, United States of America)
How has section 490.2 of the California Penal Code been interpreted in the context of Section 487 of the Penal Code? (California, United States of America)
Can a defendant be convicted of a lesser included crime of the same crime under both sections of the California Penal Code and Section 654 of the Penal Code? (California, United States of America)
What is the relevant case law in the context of Section 2(1) of the California Penal Code, and what is the case law relating to Section 4 of the Penal Code? (California, United States of America)
What is the effect of section 633.5 of the California Penal Code on a phone recording pursuant to section 632 of the Penal Code? (California, United States of America)
Does Section 26 of the Penal Code section 2600 of the California Penal Code apply? (California, United States of America)
Can a defendant be found to have committed a single physical act for purposes of section 654 of the California Criminal Code, Section 215 of the Code of Civil Procedure, Section 422 of the Criminal Code for carjacking? (California, United States of America)
Does Penal Code section 490.2 of the California Penal Code constitute a grand theft offence? (California, United States of America)
What is the difference between the wording of a special circumstance provision in the California Penal Code and the wording in section 189 of the Penal Code? (California, United States of America)
Does former Penal Code section 12020 of the California Penal Code prohibit possession of a wide variety of weapons? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.