What is the test for a motion to recuse a member of the district attorney's office for a conflict of interest?
California, United States of America
The following excerpt is from People v. Griffin, 15 Cal.Rptr.3d 743, 33 Cal.4th 536, 93 P.3d 344 (Cal. 2004):
On appeal, a trial court's ruling on a motion for an order recusing a member of the district attorney's office, or the office as a whole, for a conflict of interest is reviewed for abuse of discretion, and its findings as to any underlying facts are reviewed for substantial evidence. (People v. Eubanks, supra, 14 Cal.4th at p. 594, 59 Cal.Rptr.2d 200, 927 P.2d 310.)
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