What is the test for disqualifying a district attorney from prosecuting a case?
California, United States of America
The following excerpt is from People v. Parmar, 104 Cal.Rptr.2d 31, 86 Cal.App.4th 781 (Cal. App. 2001):
On appeal from a trial court's ruling on a motion to disqualify a district attorney from prosecuting a case, a reviewing court must determine whether there is substantial evidence to support the trial court's factual findings and, based on those findings, whether the trial court abused its discretion in ruling on the motion. (People v. Breaux (1991) 1 Cal.4th 281, 293-294, 3 Cal.Rptr.2d 81, 821 P.2d 585.)
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