What remedies are available for a motion to overturn a judgment against a district attorney for seeking the death penalty in a murder case?

California, United States of America


The following excerpt is from People v. Maury, 133 Cal.Rptr.2d 561, 30 Cal.4th 342, 68 P.3d 1 (Cal. 2003):

Defendant contends the judgment should be reversed because the district attorney improperly exercised his discretion to seek the death penalty against defendant for reasons contaminated by bias and conflict of interest arising from the district attorney's personal and emotional involvement in the case, and "motivated purely by his own self-interest." The available remedy, which defendant did not seek below, is provided under section 1424, governing motions to disqualify the prosecuting attorney for conflict of interest or other evidence of overriding bias. (See People v. Millwee (1998) 18 Cal.4th 96, 123, 74 Cal.Rptr.2d 418, 954 P.2d 990.)23 Defendant's failure to move to disqualify the district attorney in the trial court bars appellate review of the claim.

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