Sinclair v. State

Smith, J., concurs in the result and filed a concurring opinion at page 261 infra.

We granted certiorari to consider whether a state’s attorney, consistent with this State’s public policy and the due process to which an accused in a criminal cause is constitutionally entitled, may initiate or participate in a prosecution when he has a conflicting private interest in a civil matter. Although it is of great importance to the administration of the criminal justice system in this State, this exact question has not been previously addressed by this Court.

The defendant-petitioner, Philippe Andre…