Legal Opinion

Haraguchi v. Superior Court

California Supreme Court

Decided May 12, 2008No. S148207PublishedCited by 177 opinions

1Opinion of the Court

Opinion

WERDEGAR, J.

Prosecutors are public fiduciaries. They are servants of the People, obliged to pursue impartially in each case the interests of justice and of the community as a whole. Mien conflicts arise that compromise their ability to do so, they can and should be recused. But defendants bear the burden of demonstrating a genuine conflict; in the absence of any such conflict, a trial court should not interfere with the People’s prerogative to select who is to represent them.

In this and a companion case, Hollywood v. Superior Court (2008) 43 Cal.4th 721 [76 Cal.Rptr.3d 264, 182 P.3d…

2Cases cited16 opinions

  1. Berger v. United StatesSupreme Court of the United States · 1935
  2. Shamblin v. BrattainCalifornia Supreme Court · 1988
  3. People v. BreauxCalifornia Supreme Court · 1991
  4. People v. RoldanCalifornia Supreme Court · 2005
  5. People v. Superior Court (Greer)California Supreme Court · 1977

11 more not listed; retrieve them via the Exa API.

3Cited by177 opinions

  1. People v. Bryant, Smith and WheelerCalifornia Supreme Court · 2014
  2. People v. GamacheCalifornia Supreme Court · 2010
  3. Cahill v. San Diego Gas & Electric Co.California Court of Appeal · 2011
  4. Williams v. Superior Court of L. A. Cnty.California Supreme Court · 2017
  5. Haworth v. Superior Court of Los Angeles CountyCalifornia Supreme Court · 2010

172 more not listed; retrieve them via the Exa API.

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