Love v. Superior Court

Opinion

REYNOSO, J.

Petitioner Michael Lynn Love seeks a peremptory writ of mandate directing the respondent superior court to grant his motion to recuse the office of the District Attorney of Sacramento County in a pending criminal action. We grant the writ. We conclude that, under the circumstances of this case, recusal of the major crimes section of the district attorney’s office, and not the entire office, is the appropriate remedy.

I

Petitioner stands accused, among other things, of two counts of first degree murder with allegations of special circumstances. (Pen. Code, §§ 187, 190.2.) Since…