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PEOPLE v. SUPERIOR COURT

No. S149123.

76 Cal.Rptr.3d 276 (2008)

43 Cal.4th 737

182 P.3d 600

The PEOPLE, Petitioner, v. The SUPERIOR COURT of Los Angeles County, Respondent; Humberto S., Real Party in Interest.

Supreme Court of California.

May 12, 2008.

Attorney(s) appearing for the Case

Steve Cooley, District Attorney, Lael R. Rubin, William Woods and Tracey Lopez, Deputy District Attorneys, for Petitioner.

Edmund G. Brown, Jr., Attorney General, Donald E. de Nicola, Deputy State Solicitor General, Dane R. Gillette, Chief Assistant Attorney General, Pamela C. Hamanaka, Assistant Attorney General, and Kristofer Jorstad, Deputy Attorney General, as Amici Curiae on behalf of Petitioner.

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 Petitioner.

Kent S. Scheidegger and L. Douglas Pipes for Criminal Justice Legal Foundation as Amicus Curiae on behalf of Petitioner.

Loeb & Loeb, Karen R. Thorland and Anne W. Braveman, Los Angeles, for Rape Treatment Center at Santa Monica-UCLA Medical Center and Orthopaedic Hospital as Amicus Curiae on behalf of Petitioner.

No appearance for Respondent.

Michael P. Judge, Public Defender, Albert J. Menaster, Kelly O'Brien and Maureen Pacheco, Deputy Public Defenders, for Real Party in Interest.

WERDEGAR, J.

When, if ever, does a prosecutor's advocacy of third party interests in the course of a criminal discovery dispute rise to the level of a conflict of interest justifying recusal? Here, the trial court concluded that a prosecutor who advocates a position of benefit to a third party in a discovery dispute effectively assumes representation of that party and thus has a conflict supporting recusal.

In two companion cases issued today, we reaffirm...

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