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Home / Opinion Digests / Criminal Practice / Criminal Practice – Disqualification Motions – Defense Attorney Turned Prosecutor – Habitual Felon Indictment (access required)

Criminal Practice – Disqualification Motions – Defense Attorney Turned Prosecutor – Habitual Felon Indictment (access required)

Where Assistant District Attorney Michael Bender did not previously represent defendant on the charges of injury to personal property, resisting an officer, and common law robbery, defendant failed to show the actual conflict of interest required to disqualify ADA Bender – much less the entire DA’s office – from prosecuting those charges. The trial court ...

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