People v. Ehrnstein

JUSTICE GABRIEL delivered the Opinion of the Court.

¶ 1 The District Attorney for the Seventeenth Judicial District tried appellee David Ehrnstein on the charge of incest against L.E. After a jury convicted him, Ehrnstein filed a motion for a new trial, alleging that one of his trial prosecutors and the victim advocate in his case had instructed L.E. to avoid a defense subpoena. Prior to holding a hearing on that motion, the trial court found that it was compelled by the rules of professional conduct to appoint a special prosecutor for purposes of the hearing. Pursuant to sections 16-12-102(2)…