State v. Smith

Kenneth James Smith appeals an order that denied his request to dismiss the criminal information and complaint filed against him as a result of a conflict of interest involving the district attorney. Smith argues that because the district attorney failed to disqualify himself upon discovering the conflict of interest, all proceedings prior to the date of his ultimate voluntary disqualification are void. Because Smith has not alleged that he was prejudiced by the proceedings controlled by the prosecutor from the time of his discovery of a conflict to the date of his disqualification, we affirm…