PACKER v. SUPERIOR COURT

No. S213894.

60 Cal.4th 695 (2014)

181 Cal. Rptr. 3d 41

339 P.3d 329

JOSHUA GRAHAM PACKER, Petitioner, v. THE SUPERIOR COURT OF VENTURA COUNTY, Respondent; THE PEOPLE, Real Party in Interest.

Supreme Court of California.

December 11, 2014.


Attorney(s) appearing for the Case

Stephen P. Lipson , Public Defender, and Michael C. McMahon , Chief Deputy Public Defender, for Petitioner.

No appearance for Respondent.

Kamala D. Harris , Attorney General, Dane R. Gillette , Chief Assistant Attorney General, Lance E. Winters , Assistant Attorney General, Steven D. Matthews and Zee Rodriguez , Deputy Attorneys General; Gregory D. Totten , District Attorney, and Michelle J. Contois , Deputy District Attorney, for Real Party in Interest.

Mark L. Zahner and Albert C. Locher for California District Attorneys Association as Amicus Curiae on behalf of Real Party in Interest.


OPINION

Penal Code section 1424 permits a defendant to seek to recuse a prosecutor for an alleged conflict of interest.1 The statute establishes a two-stage process. Initially, the defendant files a notice of motion containing "a statement of the facts setting forth the grounds...

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