In People v. Eubanks (1996) 14 Cal.4th 580, the California Supreme Court found that Penal Code section 1424, subdivision (a)(1) provides the standard for prosecutor recusals: “The motion may not be granted unless the evidence shows that a conflict of interest exists that would render it unlikely that the defendant would receive a fair trial.” In Eubanks, a company that was concerned about trade secret theft by one of its executives and a rival company sought assistance from the police and district attorney. The investigation required computer experts.
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