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HOLLYWOOD v. SUPERIOR COURT

No. S147954.

76 Cal.Rptr.3d 264 (2008)

43 Cal.4th 721

182 P.3d 590

Jesse James HOLLYWOOD, Petitioner, v. The SUPERIOR COURT of Santa Barbara County, Respondent; The People, Real Party in Interest.

Supreme Court of California.

May 12, 2008.

Attorney(s) appearing for the Case

Law Offices of James E. Blatt, James E. Blatt, Michael G. Raab, Encino; and Armand Arabian for Petitioner.

No appearance for Respondent.

Bill Lockyer and Edmund G. Brown, Jr., Attorneys General, Donald E. de Nicola, Deputy State Solicitor General, Robert R. Anderson, Mary Jo Graves and Dane R. Gillette, Chief Assistant Attorneys General, Pamela C. Hamanaka, Assistant Attorney General, Steven D. Matthews, Robert M. Snider, Kristofer Jorstad and David F. Glassman, Deputy Attorneys General; Thomas W. Sneddon, Jr., and Christie Stanley, District Attorneys, and Gerald McC. Franklin, Deputy District Attorney, for Real Party in Interest.

Michael A. Ramos, District Attorney, (San Bernardino) and Grover D. Merritt, Lead Deputy District Attorney, for California District Attorneys Association as Amicus Curiae on behalf of Real Party in Interest.

WERDEGAR, J.

Does a prosecutor's consulting with the makers of a major motion picture that is based on a criminal defendant's story create a conflict sufficient to require recusal of the prosecutor when the defendant is finally brought to trial? Here, the lead prosecutor, bent on tracking down the fugitive defendant in this capital case, gave his case files to a screenwriter/director to make a movie based on the defendant's alleged life and crimes and consulted with...

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