Legal Opinion

The State v. Mantooth

Court of Appeals of Georgia

Decided July 1, 2016No. A16A0256PublishedCited by 1 opinion

1Opinion of the Court

McMlLLIAN, Judge.

In this interlocutory appeal, we are asked to consider whether a criminal defendant has standing to object to a prosecuting attorney’s decision to recuse himself after the prosecutor has determined that he has an actual or potential conflict of interest in the case. For the reasons set forth below, we answer in the negative and reverse the trial court’s order vacating the recusal.

We review this issue of law de novo. See Tisdale v. City of Cumming, 326 Ga. App. 19, 20 (755 SE2d 833) (2014). Following her arrest in February 2013, Donna Mantooth was charged with DUI per se (OCGA…

2Cases cited11 opinions

  1. Bernocchi v. ForcucciSupreme Court of Georgia · 2005
  2. State v. SmithSupreme Court of Georgia · 1997
  3. Cramer v. County of SpaldingSupreme Court of Georgia · 1991
  4. State v. EvansCourt of Appeals of Georgia · 1988
  5. Hodge, Admrx. v. Urfa-Sexton, LpSupreme Court of Georgia · 2014

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3Cited by1 opinion

  1. State v. HarrisonSupreme Court of South Carolina · 2021

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