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Home / Opinion Digests / Criminal Practice / Criminal Practice – DA Disqualification – Conflict of Interest – Insufficient Findings – Civil Suit (access required)

Criminal Practice – DA Disqualification – Conflict of Interest – Insufficient Findings – Civil Suit (access required)

A criminal defendant’s filing of a civil lawsuit against a district attorney does not justify the disqualification of the district attorney. We vacate the trial court’s order disqualifying the entire district attorney’s staff from prosecuting defendant Smith and five unnamed co-defendants. Defendant’s first trial on two charges of electronic sweepstakes violations ended in a mistrial. Defendant was ...

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