California, United States of America
The following excerpt is from Hambarian v. Superior Court of Orange County, 105 Cal.Rptr.2d 566 (Cal. App. 2001):
The court noted Penal Code section 1424 involves a two-prong analysis: (1) whether a "conflict exists," and (2) whether the conflict is prejudicial. As to the first prong, a conflict exists "'whenever the circumstances of a case evidence a reasonable possibility that the [district attorney's] office may not exercise its discretionary function in an evenhanded manner. Thus, there is no need to determine whether a conflict is "actual" or only gives an "appearance" of conflict.'" (People v. Eubanks, supra,
14 Cal.4th at p. 592.)
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