Legal Opinion
People v. Dekraai
California Court of Appeal
Decided November 22, 2016No. G051696PublishedCited by 9 opinions
1Opinion of the Court
Opinion
O’LEARY, P. J.
I. Introduction
The trial court recused the entire Orange County District Attorney’s (OCDA) Office 1 from prosecuting Scott Evans Dekraai’s penalty phase after he pled guilty to eight counts of murder. The court did so after two evidentiary hearings in which it heard from 39 witnesses over six months. The court’s reasoning is detailed in an eight-page single-spaced order in which it concluded the OCDA had a conflict of interest with the Orange County Sheriff’s Department (Sheriff) that prevented the OCDA from fairly prosecuting the penalty phase. The Attorney General…
2Cases cited27 opinions
- Brady v. MarylandSupreme Court of the United States · 1963
- Massiah v. United StatesSupreme Court of the United States · 1964
- Young v. United States Ex Rel. Vuitton Et Fils S. A.Supreme Court of the United States · 1987
- People v. ZapienCalifornia Supreme Court · 1993
- People v. Bryant, Smith and WheelerCalifornia Supreme Court · 2014
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3Cited by9 opinions
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- United States v. GoveyDistrict Court, C.D. California · 2018
- P. ex rel. Spitzer v. AWI Builders, Inc.California Court of Appeal · 2022
- People for the Ethical Operation of Prosecutors etc. v. SpitzerCalifornia Court of Appeal · 2020
- People for the Ethical Operation of Prosecutors etc. v. SpitzerCalifornia Court of Appeal · 2020
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