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RHABURN v. SUPERIOR COURT

Nos. E038503, E038620.

45 Cal.Rptr.3d 464 (2006)

140 Cal.App.4th 1566

Gerald Anthony RHABURN, Petitioner, v. The SUPERIOR COURT of the County of Riverside, Respondent; The People, Real Party in Interest. Noel Baez, Petitioner, v. The Superior Court of the County of Riverside, Respondent; The People, Real Party in Interest.

Court of Appeals of California, Fourth District, Division Two.

June 9, 2006.

Attorney(s) appearing for the Case

Jeffrey Van Wagenen, Riverside, for petitioner Gerald Anthony Rhaburn.

Gary Windom, Public Defender and Richard V. Myers, Deputy Public Defender, for Petitioners.

No appearance for Respondent.

Grover Trask, District Attorney, and Elise J. Farrell, Deputy District Attorney, for Real Parties in Interest.

OPINION

GAUT, Acting P.J.

In these cases we are asked to determine whether a public defender whose office has previously represented a witness for the prosecution is subject to automatic (or virtually automatic) disqualification for conflict of interest. Although we cannot establish a bright-line rule, we do hold that disqualification is not mandatory whenever the situation arises; further, that disqualification in one of the two cases before us was clearly...

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