People v. Nelson

OPINION OF THE COURT

Charles J. Heffernan, Jr., J.

This case presents a question of first impression: whether a District Attorney whose office unsuccessfully prosecuted a defendant for murder, and who later actively petitioned the Attorney General of the United States for an investigation which resulted in Federal charges against defendant for the same conduct which formed the basis of his State murder trial, should be disqualified from subsequently prosecuting that defendant for unrelated charges. For the reasons which follow, the question should be answered in the negative.

THE FACTS

Defendant…