Hollywood v. Superior Court
California Court of Appeal
1Concurrence
I respectfully concur: I agree with my colleagues that our views stated in Haraguchi v. SuperiorCourt (2006) 143 Cal.App.4th 846) "apply here as well." (Maj. opn., ante, at p. 868.) I write separately to stress that these views apply irrespective of whether this is a death penalty case. What is "over-arching" here is not the "penalty sought," but the patent conflict that requires recusal whatever the criminal charge. (Ibid.) I am mindful that our Supreme Court has echoed United States Supreme Court and federal decisions emphasizing the necessity "to protect more carefully the rights of a…
2Cases cited4 opinions
- People v. EubanksCalifornia Supreme Court · 1996
- Keenan v. Superior CourtCalifornia Supreme Court · 1982
- Forden v. Joseph G.California Supreme Court · 1983
- Haraguchi v. Superior CourtCalifornia Court of Appeal · 2006