PEOPLE v. EUBANKS

Docket No. S049490.

14 Cal.4th 580 (1996)

THE PEOPLE, Plaintiff and Appellant, v. GORDON EUBANKS et al., Defendants and Respondents.

Supreme Court of California.

December 23, 1996.


Attorney(s) appearing for the Case

COUNSEL

Daniel E. Lungren, Attorney General, George Williamson, Chief Assistant Attorney General, Ronald A. Bass, Assistant Attorney General, Michael D. O'Reilley, Martin S. Kaye and Eugene W. Kaster, Deputy Attorneys General, for Plaintiff and Appellant.

Gil Garcetti, District Attorney (Los Angeles), George M. Palmer and Shirley S.N. Sun, Deputy District Attorneys, as Amici Curiae on behalf of Plaintiff and Appellant.

Charles C. Marson, Morgan, Ruby, Schofield, Franich & Fredkin, Ruby & Schofield, Allen Ruby, Remcho, Johansen & Purcell, Robin B. Johansen, Joseph Remcho, Nolan & Armstrong and Thomas J. Nolan for Defendants and Respondents.

Peter A. Chang, Jr., and Vicki I. Podberesky as Amici Curiae on behalf of Defendants and Respondents.


OPINION

WERDEGAR, J.

When the victim of an alleged crime contributes financially to the costs of the district attorney's investigation, does the district attorney thereafter suffer from a disabling conflict of interest requiring recusal under Penal Code section 1424? On this question of first impression, we hold such financial assistance to the prosecutor's office may indeed disqualify...

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